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Full text of "The peace process in El Salvador : hearing before the Subcommittee on Western Hemisphere Affairs of the Committee on Foreign Affairs, House of Representatives, One Hundred Third Congress, first session, March 16 and 23, 1993"

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THE  PEACE  PROCESS  IN  EL  SALVADOR 


If  4.  F  76/1:  P  31/17 

rhe  Peace  Process  in  El  Salvador,   1 


.ARING 

BEFORE  THE 

THE  SUBCOMMITTEE  ON 
WESTERN  HEMISPHERE  AFFAIRS 

OF  THE 

COMMITTEE  ON  FOREIGN  AFFAIRS 
HOUSE  OF  REPRESENTATIVES 

ONE  HUNDRED  THIRD  CONGRESS 

FIRST  SESSION 


MARCH  16  AND  23,  1993 


Printed  for  the  use  of  the  Committee  on  Foreign  Affairs 


U.S.  GOVERNMENT  PRINTING  OFFICE 
73-936  CC  WASHINGTON  :  1993 


For  sale  by  the  U.S.  Government  Printing  Office 
Superintendent  of  Documents,  Congressional  Sales  Office,  Washington,  DC  20402 
ISBN   0-16-043360-6 


THE  PEACE  PROCESS  IN  EL  SALVADOR 

\" 

I.F  76/1:  P  31/17 

Peace  Process  in  El  Salvador/  1...    A  t^x-*t^ 

.ARING 

BEFORE  THE 

THE  SUBCOMMITTEE  ON 
WESTERN  HEMISPHERE  AFFAIRS 

OF  THE 

COMMITTEE  ON  FOREIGN  AFFAIRS 
HOUSE  OF  REPRESENTATIVES 

ONE  HUNDRED  THIRD  CONGRESS 
FIRST  SESSION 


MARCH  16  AND  23,  1993 


Printed  for  the  use  of  the  Committee  on  Foreign  Affairs 


U.S.  GOVERNMENT  PRINTING  OFFICE 
73-936  CC  WASHINGTON  :  1993 


For  sale  by  the  U.S.  Government  Printing  Office 
Superintendent  of  Documents.  Congressional  Sales  Office,  Washington,  DC  20402 
ISBN   0-16-043360-6 


COMMITTEE  ON  FOREIGN  AFFAIRS 


LEE  H.  HAMILTON,  Indiana,  Chairman 


SAM  GEJDENSON,  Connecticut 

TOM  LANTOS,  California 

ROBERT  G.  TORRICELLI,  New  Jersey 

HOWARD  L.  BERMAN,  California 

GARY  L.  ACKERMAN,  New  York 

HARRY  JOHNSTON,  Florida 

ELIOT  L.  ENGEL,  New  York 

ENI  F.H.  FALEOMAVAEGA,  American 

Samoa 
JAMES  L.  OBERSTAR,  Minnesota 
CHARLES  E.  SCHUMER,  New  York 
MATTHEW  G.  MARTINEZ,  California 
ROBERT  A.  BORSKI,  Pennsylvania 
DONALD  M.  PAYNE,  New  Jersey 
ROBERT  E.  ANDREWS,  New  Jersey 
ROBERT  MENENDEZ,  New  Jersey 
SHERROD  BROWN,  Ohio 
CYNTHIA  A.  MCKINNEY,  Georgia 
MARIA  CANTWELL,  Washington 
ALCEE  L.  HASTINGS,  Florida 
ERIC  FINGERHUT,  Ohio 
PETER  DEUTSCH,  Florida 
ALBERT  RUSSELL  WYNN,  Maryland 
DON  EDWARDS,  California 
FRANK  MCCLOSKEY,  Indiana 
THOMAS  C.  SAWYER,  Ohio 

(Vacancy) 

Michael  H.  Van  Dusen,  Chief  of  Staff 

MlCHELE  A.  MANATT  Professional  Staff  Member 

ABIGAIL  Aronson,  Staff  Associate 


BENJAMIN  A.  GILMAN,  New  York 
WILLIAM  F.  GOODLING,  Pennsylvania 
JAMES  A.  LEACH,  Iowa 
TOBY  ROTH,  Wisconsin 
OLYMPIA  J.  SNOWE,  Maine 
HENRY  J.  HYDE,  Illinois 
DOUG  BEREUTER,  Nebraska 
CHRISTOPHER  H.  SMITH,  New  Jersey 
DAN  BURTON,  Indiana 
JAN  MEYERS,  Kansas 
ELTON  GALLEGLY,  California 
ILEANA  ROS-LEHTINEN,  Florida 
CASS  BALLENGER,  North  Carolina 
DANA  ROHRABACHER,  California 
DAVID  A.  LEVY,  New  York 
DONALD  A.  MANZULLO,  Illinois 
LINCOLN  DIAZ-BALART,  Florida 
EDWARD  R.  ROYCE,  California 


Subcommittee  on  Western  Hemisphere  Affairs 

ROBERT  G.  TORRICELLI,  New  Jersey,  Chairman 
ROBERT  MENENDEZ,  New  Jersey  CHRISTOPHER  H.  SMITH,  New  Jersey 

JAMES  L.  OBERSTAR,  Minnesota  ILEANA  ROS-LEHTINEN,  Florida 

CYNTHIA  A.  MCKINNEY,  Georgia  CASS  BALLENGER,  North  Carolina 

PETER  DEUTSCH,  Florida  ELTON  GALLEGLY,  California 

ALBERT  RUSSELL  WYNN,  Maryland 

Victor  C.  Johnson,  Staff  Director 

DOROTHY  TafT,  Republican  Professional  Staff  Member 

LARRY  MCDONNELL,  Professional  Staff  Member 

RICHARD  NUCCIO,  Professional  Staff  Member 

PATRICIA  WEIR,  Professional  Staff  Member 


(ID 


CONTENTS 


Page 

WITNESSES 

Tuesday,  March  16,  1993 

President  Belisario  Betancur,  United  Nations  Truth  Commission  for  El  Sal- 
vador    4 

Dr.  Reinaldo  Figueredo,  United  Nations  Truth  Commission  for  El  Salvador  ....  6 

Professor  Thomas  Buergenthal,   United  Nations  Truth  Commission  for  El 

Salvador  9 

Schafik  Jorge  Handal,  general  coordinator,  Faribundo  Marti  Liberation  Front 
of  El  Salvador;  accompanied  by  Salvador  Samayoa  and  Ana  Maria 
Guadelupe  Martinez,  Faribundo  Marti  Liberation  Front  of  El  Salvador  26 

Tuesday,  March  23,  1993 

Harold  Johnson,  Director,  International  Affairs,  National  Security  and  Inter- 
national Affairs  Division,  U.S.  General  Accounting  Office;  accompanied  by 
Nancy  T.  Toolan  and  Daniel  Ranta,  U.S.  General  Accounting  Office  41 

Cheryl  Morden,  associate  director  for  Development  Policy,  Church  World 
Services  and  Lutheran  World  Relief 55 

APPENDDC 

Prepared  statements: 

Congressman  Robert  G.  Torricelli  (March  16,  1993)  67 

President  Belisario  Betancur 68 

Schafik  Jorge  Handal  74 

Congressman  Robert  G.  Torricelli  (March  23,  1993)  77 

Harold  Johnson  78 

Cheryl  Morden  104 

Commission  on  the  Truth  of  El  Salvador  Summary  Report  113 

Table  of  El  Salvador's  National  Reconstruction  Plans:  Indications  of  Bilateral 
and  Multilateral  Support  from  the  March  23,   1992  Consultative  Group 

Meeting  121 

Graphs  of  Murders  and  Disappearances  in  El  Salvador  from  the  Truth  Com- 
mission Report 123 

Message  to  El  Salvador  by  President  Alfredo  F.  Cristiani,  March  18,  1993  126 

Original  and  Revised  Funding  Allocations  for  the  Agency  for  International 

Development's  Five-Year  Peace  and  Recovery  Project  in  El  Salvador  128 


(III) 


THE  PEACE  PROCESS  IN  EL  SALVADOR 


TUESDAY,  MARCH  16,  1993 

House  of  Representatives, 
Committee  on  Foreign  Affairs, 
Subcommittee  on  Western  Hemisphere  Affairs, 

Washington,  DC. 

The  subcommittee  met,  pursuant  to  call,  at  2:20  p.m.  in  room 
2200,  Rayburn  House  Office  Building,  Hon.  Robert  G.  Torricelli 
(chairman  of  the  subcommittee)  presiding. 

Mr.  Torricelli.  The  committee  will  please  come  to  order. 

We  meet  today  to  bear  witness  to  another  milestone  in  the  long 
and  tragic  history  of  war  in  El  Salvador.  Today  we  receive  the  re- 
port of  the  Commission  on  Truth.  The  mandate  of  the  Commission 
was  to  seek,  to  find  and  to  make  public  the  truth  about  acts  of  vio- 
lence committed  on  both  sides  of  the  long  and  bloody  war  in  El  Sal- 
vador. 

The  Commission  sought  to  fulfill  the  Biblical  teaching  that  "the 
truth  shall  make  you  free",  knowing  that,  indeed,  the  nation  would 
never  come  to  rest  and  could  never  build  a  real  and  lasting  peace 
unless  there  was  some  answer  to  the  75,000  lives  that  were  lost 
during  the  course  of  the  struggle. 

These  terrible  crimes  committed  against  tens  of  thousands  of  Sal- 
vadorans  are  cause  for  great  shame.  Just  as  certainly  the  commit- 
ments of  all  sides  of  that  conflict  and  the  settling  of  the  war  are 
cause  for  great  pride.  The  fact  that  we  can  speak  of  peace  in  El  Sal- 
vador is  a  tribute  to  many  people  but  none  more  than  the  father 
of  that  peace,  Alfredo  Cristiani,  for  bringing  together  disparate  in- 
terests in  El  Salvador.  He  has  managed  to  bring  his  troubled  coun- 
try at  long  last  to  peace. 

The  members  of  the  Political  Commission  of  the  FMLN  are  here 
to  testify  today  as  partners  in  that  struggle  for  peace.  It  is  to  their 
eternal  credit  as  well,  they  were  prepared  to  lay  down  their  weap- 
ons and  come  forward  within  a  political  process  knowing  that  at  all 
times  they  did  so  at  great  risk  to  themselves  and  their  families. 

TORTURE  IN  EL  SALVADOR 

But,  indeed,  everything  in  this  report  does  not  concern  only  El 
Salvador  nor  will  my  comments  this  afternoon  be  limited  to  ques- 
tions of  the  Salvadoran  Government.  Introductory  comments  before 
a  hearing  by  any  subcommittee  chairman  are  usually,  by  definition, 
limited  and  mild.  This  afternoon  I  will  not  pretend  that  mine  are 
either.  Rarely  as  a  Member  of  this  institution  have  I  been  more 
personally  offended  or  betrayed  than — after  so  many  years  and  so 
many  hearings,  listening  to  so  many  administration  witnesses  dis- 

(1) 


cuss  the  knowledge  of  the  U.S.  Government  and  the  view  of  succes- 
sive administrations  about  the  murder  and  the  torture  and  the 
death  in  El  Salvador — to  learn  of  your  findings  about  the  war  in 
El  Salvador. 

REAGAN  ADMINISTRATION  COUNTENANCES  HUMAN  RIGHTS  VIOLATIONS 

In  a  gesture  of  good  faith  and  in  the  belief  that  it  would  contrib- 
ute to  peace,  this  Congress  established  a  process  whereby  Presi- 
dent Reagan  would  certify  that  progress  was  being  made  in  re- 
specting human  rights.  As  a  reaction  to  that  certification,  this  Con- 
gress would  provide  military  assistance  to  fight  the  war  in  El  Sal- 
vador. 

It  is  now  abundantly  clear  that  Ronald  Reagan  made  those  cer- 
tifications not  only  in  disregard  of  the  truth  but  in  defiance  of  it. 
Members  of  his  administration  came  forward  to  this  Congress  and 
swore  that  they  had  no  knowledge  of  acts  of  violence.  Peace  was 
being  restored  and  rights  respected.  It  was  a  lie. 

And  while  the  consequences  for  the  people  of  El  Salvador  were 
tragic,  the  ramifications  on  this  institution  and  the  operations  of 
the  U.S.  Government  are  not  yet  fully  known.  El  Salvador  will  not 
be  the  last  war  where  the  United  States  plays  a  role.  A  process  has 
been  poisoned  where  an  American  President  pledges  in  good  faith 
to  be  an  arbiter  of  events,  to  make  a  certification  to  Congress  based 
on  the  knowledge  of  his  administration  so  that  in  good  faith  we  can 
take  a  foreign  policy  position.  No  future  Congress,  based  on  what 
we  now  know  about  the  credibility  of  those  certifications,  could  ever 
establish  such  a  process  again. 

People  of  good  will  could  have  differed  about  what  position  the 
U.S.  Government  should  or  should  not  have  taken  in  El  Salvador. 
The  deceit  and  betrayal  which  led  this  Congress  to  invest  our  Na- 
tion's fortune  and  honor  in  that  conflict  in  the  blind  belief  that  we 
were  being  told  the  truth  is  a  shameful  chapter  in  American  for- 
eign policy. 

There  is  no  way  to  find  all  of  those  who  suffered,  those  who  were 
victims  of  the  abuse  which  might  have  been  stopped  if  we  had 
known  earlier  the  complicity  with  which  military  forces  were  en- 
gaged in  this  human  slaughter.  There  is  only  to  say  that  that  is 
not  our  country. 

CONGRESS  IS  DECEIVED 

Approving  that  assistance  was  not  done  so  knowingly  by  this 
Congress.  If  we  were  to  do  it  again,  that  would  not  be  our  choice. 

Gentlemen,  thank  you  for  being  with  us  today.  This  is  an  impor- 
tant part  of  the  work  of  this  subcommittee.  For  10  years  we  took 
testimony  on  the  war  in  El  Salvador.  In  one  respect  you  present 
its  final  chapter  with  regard  to  the  truth  about  what  happened  in 
El  Salvador. 

I  can  only  conclude  by  saying  to  those  who  served  in  those  ad- 
ministrations who  today  find  themselves  in  retirement  around 
America  that  this  may  be  the  last  hearing  on  events  in  El  Sal- 
vador, but  if  you  served  in  a  previous  American  administration  and 
if  you  testified  before  this  Congress  that  you  had  no  knowledge  of 
events,  that  you  were  unaware  of  the  killing,  the  torture  and  if 
that  proves  to  be  a  lie,  you  better  not  have  said  it  under  an  oath. 


This  committee  will  review  every  word,  every  sentence  ever  ut- 
tered by  every  official  of  the  Reagan  administration  who  came  be- 
fore this  committee  and  swore  about  events.  When  we  are  con- 
cluded we  had  best  find  that  either  it  was  done  without  knowledge 
or  there  was  a  omission  in  the  providing  of  an  oath. 

[The  prepared  statement  of  Chairman  Torricelli  appears  in  the 
appendix.] 

Mr.  Smith. 

Mr.  SMITH.  Thank  you  very  much  Mr.  Chairman. 

With  the  release  of  the  Truth  Commission  report  yesterday  at 
the  United  Nations,  this  hearing  provides  our  subcommittee  a  good 
opportunity  to  focus  on  their  findings  and  the  future  of  El  Sal- 
vador. We  have  before  us,  Mr.  Chairman,  three  distinguished  au- 
thors of  that  report,  three  men  who  are  clearly  champions  of 
human  rights  and  of  the  truth. 

EL  SALVADOR  SCARRED  BY  HORRORS  OF  WAR 

The  world  is  clearly  indebted  to  you  three  gentlemen  for  your 
findings,  for  your  careful  investigation  and  for  your  analysis.  With 
approximately  75,000  Salvadorans  dead  in  12  years  of  civil  war, 
not  to  mention  the  hundreds  of  thousands  of  Salvadorans  who  have 
been  dislocated  or  moved  away,  the  memories  of  slaughter,  torture 
and  intimidation  are  strong  and  the  scars  run  deep. 

El  Salvador  was  the  scene  of  gruesome  mass  murders,  a  military 
acting  with  impunity  and  guerrillas  committing  their  share  of 
extrajudicial  killings  and  assassinations.  The  atrocities  committed 
mar  the  character  of  both  the  Salvadoran  military  and  security 
forces,  and  the  armed  guerrillas. 

With  only  6  months  to  investigate  and  complete  their  report  of 
human  rights  abuses  in  El  Salvador  over  the  period  from  1980  to 
1992,  obviously  the  Commission  was  not  able  to  be  exhaustive. 
They  documented  more  than  7,350  cases  of  violence,  and  elected  to 
highlight  a  number  of  well-known  or  typical  cases.  Though  not 
complete,  the  Commission  found  the  Salvadoran  military  respon- 
sible for  as  many  as  4,300,  and  the  security  forces  involved  in  an- 
other 1,600  acts  of  violence,  and  more  than  800  killings  committed 
by  the  infamous  death  squads.  FMLN  is  implicated  in  nearly  400 
killings  and  more  than  300  disappearances. 

As  noted  by  the  Commission,  individuals  are  responsible  for  their 
actions,  and  I  think  it  is  highly  appropriate  that  the  Commission 
pointed  to  specific  perpetrators.  It  names  names,  whether  they  be 
the  persons  carrying  out  the  order  or  the  intellectual  mastermind 
behind  the  violence. 

COMMISSION  RECOGNIZES  NEED  FOR  RECONCILIATION 

I  have  been  struck  by  the  Commission's  recognition  of  the  ulti- 
mate "end  use"  of  the  findings.  Not  only  must  the  truth  be  identi- 
fied, national  reconciliation  must,  they  argue,  be  accompanied  with 
a  sense  of  forgiveness.  Family  and  friends  of  the  victims  must  rec- 
oncile— that  is  a  frame  of  mind  that  I  fear,  for  obvious  reasons,  will 
be  easier  said  than  done.  The  Commission  noted  "justice  demands 
punishment  for  the  violations  of  human  rights"  and  they  made  a 
strong  case  for  judicial  reform  prior  to  initiating  legal  action 
against  the  abuses. 


With  the  resignation  last  Friday  of  the  Minister  of  Defense,  one 
of  those  implicated  in  the  Commission  report,  the  Government  of 
El  Salvador  has  a  unique  opportunity  to  take  steps  to  purge  certain 
officers  and  promote  a  civilian  head  of  the  military. 

CRISTIANI  EXERTS  LEADERSHIP 

I  want  to  take  this  opportunity  to  commend  the  dedication  of 
President  Cristiani  for  getting  to  the  root  of  the  human  rights 
abuses,  which  have  plagued  his  country.  Without  his  leadership  in 
bringing  his  government  and  the  leadership  of  the  FMLN  back 
again  to  the  peace  table  and  the  will  of  the  Salvadorans  them- 
selves, I  am  certain  progress  of  this  kind  would  not  have  been  pos- 
sible. 

For  a  country  racked  with  12  years  of  civil  war,  this  is  a  critical 
period  in  the  history  of  El  Salvador. 

This  hearing  today  is  about  the  healing  process.  While  it  is  true, 
as  Santayana  wrote,  "those  who  cannot  remember  the  past  are  con- 
demned to  repeat  it";  the  Salvadorans  must  decide  what  prescrip- 
tion is  most  suitable.  I  believe  the  United  States  must  support  na- 
tional healing  and  maintain  our  focus  on  relations  and  programs 
which  encourage  national  reconciliation. 

I  want,  again,  to  thank  our  fine  witnesses  for  their  support  and 
work. 

Mr.  Torricelli.  Mr.  Ballenger. 

Mr.  Ballenger.  As  an  individual  who  has  visited  El  Salvador 
many  years,  going  back  at  least  25  years,  it  is  unfortunate  that  a 
place  so  beautiful  as  El  Salvador  could  be  involved  or  get  involved 
in  a  contest  between  the  two  great  powers  at  the  time  in  the  1980's 
and,  therefore,  cause  unbelievable  deaths  and  murders,  et  cetera. 

I  happen  to  have  been  in  El  Salvador  before  this  all  occurred. 
There  was  a  revolution  there.  A  Taylor  Cub  flew  over  the  down- 
town of  El  Salvador  and  someone  threw  out  a  hand  grenade  out. 
That  was  the  ultimate  end  their  civil  war  at  that  time.  That  was 
before  the  great  powers  who  seemed  to  be  involved  in  pointing  the 
world  to  their  own  direction  came  up  and  armed  the  people  there 
to  fight  against  each  other. 

I  would  like  to  say  that  having  been  involved  as  much  as  I  have 
in  El  Salvador,  at  long  last  it  is  wonderful  to  see  peace  develop 
there  between  the  two  sides.  I  hope  that  the  effort  that%was  put 
out  by  this  committee  here,  this  investigative  committee,  will  at 
last  bring  peace  and  quiet.  As  President  Cristiani  said  in  his 
speech  last  week,  that  we  can  forget  and  forgive  the  past  and  try 
to  live  for  the  future. 

Thank  you  very  much. 

Mr.  Torricelli.  Thank  you,  Mr.  Ballenger. 

Mr.  Betancur,  Mr.  Figueredo  and  Professor  Buergenthal,  we  are 
honored.  Thank  you  for  being  with  us  today. 

STATEMENT  OF  HIS  EXCELLENCY  BELISARIO  BETANCUR, 
PRESIDENT,  COMMISSION  ON  TRUTH;  ACCOMPANIED  BY  DR. 
THOMAS  BUERGENTHAL  AND  MR.  REINALDO  FIGUEREDO 

Mr.  Betancur  [through  translator].  Good  afternoon  Mr.  Chair- 
man, distinguished  members  of  the  committee. 


On  behalf  of  the  Truth  Commission  and  the  peace  process  in  El 
Salvador,  I  thank  you  for  this  honor.  Your  kind  invitation  has 
made  it  possible  for  us  to  present  to  you  the  report  which  we  deliv- 
ered yesterday  to  the  Secretary  General  of  the  United  Nations,  to 
the  representative  of  President  Cristiani  and  to  a  representative  of 
the  FMLN. 

It  also  gives  us  an  opportunity  to  comment  on  the  current  situa- 
tion in  El  Salvador  and  the  prospects  for  its  future. 

TRUTH  COMMISSION  CATALOGUES  PATTERNS  OF  VIOLENCE 

As  you  are  aware,  the  Truth  Commission  was  created  by  the  gen- 
eral 1992  agreements  signed  in  Mexico  City.  It  has  worked  for 
more  than  8  months  with  a  staff  of  many  nationalities,  and  during 
these  months  of  study  and  research  has  drawn  up  a  document  con- 
sisting of  about  eight  chapters  devoted  to  the  discharge  of  its  man- 
date. 

They  included  the  12  years  of  war  and  an  analysis  of  32  cases 
of  violence  and  the  patterns  of  violence  that  emerged  from  it. 
Among  other  things  the  report  also  identifies  the  persons  respon- 
sible for  these  acts.  It  ends  with  a  chapter  of  recommendations,  an 
epilogue  and  two  volumes  of  appendices. 

I  would  ask  for  your  permission,  Mr.  Chairman,  to  allow  us  to 
submit  for  the  record  the  introductory  chapter  and  the  chapter  con- 
taining our  recommendations,  as  well  as  any  other  sections  of  the 
report  you  might  deem  appropriate. 

ECONOMIC  AID  TO  EL  SALVADOR 

With  reference  to  the  interest  you  expressed  in  your  invitation  on 
hearing  our  views  on  economic  assistance  for  El  Salvador,  a  subject 
your  committee  will  be  considering  in  the  next  few  months,  we  ap- 
plaud your  interest  in  providing  this  important  aid  to  a  people  who 
chose  to  renounce  the  instrument  of  war  in  favor  of  efforts  to  reach 
a  consensus  to  find  solutions  for  social  injustice. 

All  Salvadorans  are  feeling  triumphant  today.  The  fundamental 
value  for  which  each  in  his  or  her  own  way  fought  has  prevailed. 
The  valiant  people  of  El  Salvador  have  earned  the  admiration  and 
support  of  the  free  world.  That  is  why  we  applaud  any  aid  that  the 
committee  may  provide,  including  the  resources  needed  to  set  up 
a  fund  to  compensate  the  victims  in  the  conflict  as  set  forth  in  our 
chapter  on  recommendations. 

We  would  have  liked  to  have  included  a  greater  number  of  cases 
of  violence.  However,  the  Commission  chose  to  concentrate  on  only 
those  events  on  which  we  had  received  sufficient  supporting  docu- 
ments and  evidence  to  enable  us  to  faithfully  uphold  our  criteria 
of  objectivity  and  equality  as  we  indicated  at  the  outset  of  our  task 
upon  our  arrival  in  El  Salvador. 

With  your  permission,  Mr.  Chairman,  I  would  now  ask  my  col- 
league, former  Foreign  Minister  Reinaldo  Figueredo  to  read  the 
statement  on  behalf  of  the  three  members  of  the  Truth  Commis- 
sion. 

Thank  you  very  much,  Mr.  Chairman,  and  members  of  the  com- 
mittee. 

Mr.  Torricelli.  Thank  you,  Mr.  Betancur.  Dr.  Figueredo. 


STATEMENT  OF  REINALDO  FIGUEREDO 

Mr.  Figueredo.  Good  afternoon,  Mr.  Chairman.  It  is  a  privilege 
for  the  members  of  the  Truth  Commission  for  El  Salvador  to  ap- 
pear before  this  subcommittee  to  present  the  Commission's  report 
to  you  and  members  of  the  subcommittee  for  its  inclusion  in  the  of- 
ficial record  of  these  hearings.  We  are  particularly  honored  that 
you  requested  our  appearance  just  one  day  after  the  Secretary  Gen- 
eral of  the  United  Nations  made  the  Commission's  Report  public, 
for  it  underscores  the  importance  the  Peace  Accords  place  on  the 
need  for  the  widest  possible  dissemination  of  the  results  of  its  in- 
vestigation. 

TRUTH  COMMISSION  MANDATE:  INVESTIGATE  "SERIOUS  ACTS  OF 

VIOLENCE" 

The  parties  to  the  Salvadoran  Peace  Accords,  the  Government  of 
El  Salvador  and  the  FMLN,  under  the  auspices  of  the  Secretary 
General  of  the  United  Nations,  asked  us  to  investigate  "serious  acts 
of  violence  that  have  occurred  since  1980  and  whose  impact  on  soci- 
ety urgently  demands  that  the  public  should  know  the  truth." 

The  Commission  received  direct  testimony  from  2,000  sources  re- 
lating to  7,000  victims  and  information  from  secondary  sources  re- 
lating to  more  than  18,000  victims.  But  as  the  Peace  Accords  gave 
it  only  6  months  to  examine  the  long  history  of  violence  endured 
by  El  Salvador  during  its  brutal  civil  war,  the  Commission  con- 
centrated its  limited  resources  on  the  most  notorious  cases  of  vio- 
lence, committed  by  both  sides  to  the  conflict,  as  well  as  those 
cases  that  formed  part  of  a  broader,  systematic  pattern  of  abuse. 

All  witnesses  who  requested  it  were  guaranteed  confidentiality  to 
protect  their  lives  and  encourage  frankness.  Based  on  the  number 
of  corroborating  accounts  and  other  evidence  in  a  particular  case, 
the  Commission  used  three  levels  of  certainty  in  reaching  its  con- 
clusions: overwhelming  evidence,  substantial  evidence,  and  suffi- 
cient evidence. 

The  testimony  of  a  single  witness  or  other  single  source,  no  mat- 
ter how  compelling,  was  deemed  insufficient  to  make  a  judgment 
if  not  backed  up  by  other  evidence. 

SENSELESS  KILLING  BUT  A  SPIRIT  OF  HOPE 

In  examining  the  staggering  breadth  of  the  violence  that  oc- 
curred in  El  Salvador,  the  Commission  was  moved  by  the  sense- 
lessness of  the  killings,  the  brutality  with  which  they  were  commit- 
ted, the  terror  they  created  in  the  people.  In  other  words,  the  mad- 
ness or  "locura"  of  the  war. 

At  the  same  time,  the  Commission  was  especially  cognizant  of 
the  spirit  of  hope  or  "la  esperanza,"  which  brought  it  and  the  entire 
peace  process  into  existence. 

It  is  the  hope  in  a  peaceful  future  that  has  led  the  parties  to  put 
down  their  weapons  and  to  construct  a  new  society  based  on  prin- 
ciples of  democracy,  respect  for  basic  human  rights  and  reconcili- 
ation. 

In  that  regard,  the  Commission  draws  the  subcommittee's  atten- 
tion to  one  of  the  most  important  recommendations  it  makes  in  its 
final  report,  that  all  those  individuals  named  in  the  report  as  hav- 


ing  participated  in  violent  acts  committed  by  both  sides  to  the  con- 
flict be  prohibited  from  holding  any  public  position  for  a  period  of 
10  years.  Having  proven  themselves  to  be  unfit  to  exercise  the 
rights  and  duties  as  citizens,  particularly  at  this  fragile  moment  in 
the  country's  history,  these  individuals  must  be  barred  from  carry- 
ing out  any  public  function.  In  addition,  the  Commission  rec- 
ommends that  those  individuals  cited  in  the  report  immediately  be 
removed  and  prohibited  from  ever  holding  any  military  or  security 
responsibility. 

MOAKLEY  COMMISSION'S  FINDINGS  PARALLEL  THOSE  OF  THE  TRUTH 

COMMISSION 

At  this  point,  we  would  like  to  draw  attention  to  the  excellent 
work  of  the  Speaker's  Special  Task  Force  on  El  Salvador,  otherwise 
known  as  the  Moakley  Commission,  which  reached  much  the  same 
conclusions  as  did  the  Truth  Commission.  Its  investigation  of  the 
Jesuits'  case  served  the  best  interests  of  the  Salvadoran  people  in 
seeking  the  truth  about  what  happened  the  terrible  night  during 
the  guerrilla  offensive. 

Congressman  Moakley,  his  staff  and  the  others  who  served  on 
his  Commission  deserve  great  credit  for  their  determination  and 
commitment  to  tell  the  truth.  Our  task  would  have  been  much 
more  difficult  had  it  not  been  for  the  work  of  the  Moakley  Commis- 
sion. 

THE  FINDINGS  OF  THE  TRUTH  COMMISSION 

Let  me  now  summarize  our  findings  on  some  specific  cases,  in- 
cluding those  involving  American  victims  of  the  conflict. 

On  December  2,  1980,  Ita  Ford,  Maura  Clarke,  Dorothy  Kazel 
and  Jean  Donovan,  four  American  churchwomen  from  the 
Maryknoll  order,  were  killed  by  soldiers  from  the  Salvadoran  Na- 
tional Guard.  As  a  result  of  one  of  the  rare  prosecutions  that  re- 
sulted in  convictions,  the  actual  people  remain  in  jail  today.  The 
Truth  Commission  received  sufficient  evidence  that  the  cnurch- 
women's  detention  was  planned  in  advance;  that  Subsargeant 
Colindres  Aleman  was  not  acting  on  his  own  but  received  orders 
to  execute  the  churchwomen  from  superior  officers;  and  that  Colo- 
nel Vides  Casanova,  then  Director  of  the  National  Guard,  and 
other  officers  knew  that  members  of  the  National  Guard  had  exe- 
cuted the  churchwomen  and  facilitated  the  coverup,  thereby  imped- 
ing the  judicial  investigation. 

On  June  19,  1985,  Thomas  Handwork,  Patrick  Kwiatkoski,  Bob- 
bie Dickson  and  Gregory  Weber;  four  unarmed  U.S.  Marine  Secu- 
rity Guards  serving  in  El  Salvador,  were  killed  at  an  outdoor  cafe 
in  San  Salvador  by  members  of  a  guerrilla  commando  unit.  During 
the  attack  nine  civilians  were  killed,  including  U.S.  citizens  George 
Viney  and  Roberto  Alvidrez.  The  Commission  has  concluded  that 
members  of  an  FMLN  urban  commando  unit,  acting  under  FMLN 
policy  to  consider  U.S.  military  personnel  legitimate  targets  of  at- 
tack, planned  and  executed  the  killings  in  violation  of  international 
humanitarian  law. 

On  January  3,  1981,  Rodolfo  Viera,  head  of  the  government's 
land  reform  program,  along  with  Mark  Hammer  and  David 
Pearlman,  employees  of  the  American  Institute  for  Free  Labor  De- 


8 

velopment,  were  killed  at  the  Sheraton  Hotel  by  soldiers  from  a 
National  Guard  death  squad.  The  two  gunmen  who  were  convicted 
and  later  released  under  an  amnesty  law,  were  following  orders 
from  National  Guard  Lt.  Lopez  Sibrian.  They  were  assisted  by 
Army  Captain  Eduardo  Avila  and  businessman  Hans  Christ.  The 
latter  three  escaped  prosecution. 

Lt.  Col.  David  H.  Pickett  and  Cpl.  Ernest  G.  Dawson,  after  their 
helicopter  was  shot  down  by  members  of  a  Popular  Revolutionary 
Army  unit  on  January  2,  1991,  were  executed  by  ERP  member 
Fernan  Fernandez  Arevalo  on  orders  from  Severiano  Fuentes 
Fuentes.  The  pilot  of  the  helicopter,  Daniel  F.  Scott,  died  from 
wounds  received  when  the  helicopter  crashed. 

On  March  24,  1980,  Archbishop  Oscar  Arnulfo  Romero  was  shot 
while  he  was  saying  mass  by  an  unknown  assassin.  Roberto 
D'Aubuisson  gave  the  order  to  kill  the  Archbishop.  Army  Capt. 
Eduardo  Avila,  former  Capt.  Alvaro  Saravia  and  Fernando  Sagrera 
played  an  active  role  in  carrying  out  the  order. 

In  December  1981,  the  massacre  at  El  Mozote  and  surrounding 
hamlets  claimed  the  lives  of  over  700  people  including  many 
women  and  children.  The  Commission  conducted  a  thorough  inves- 
tigation of  the  massacre  at  El  Mozote,  including  the  exhumation  of 
part  of  the  site  with  the  assistance  of  noted  U.S.  Experts  Dr.  Clyde 
Snow  and  Dr.  Robert  Kirshner,  among  others.  It  found  that  former 
Atlacatl  battalion  commanders  Col.  Domingo  Monterrosa  Barrios 
and  Col.  Natividad  de  Jesus  Caceres  Cabrera  were  responsible  for 
the  slaughter.  In  addition,  Supreme  Court  President  Mauricio 
Gutierrez  Castro  improperly  interfered  in  the  judicial  proceedings 
concerning  the  investigation  of  the  massacre. 

COMMISSION  RECOMMENDATIONS 

The  Commission  has  recommended  a  series  of  wide-ranging  ac- 
tions aimed  at  removing  human  rights  violators  from  public  office, 
as  already  discussed,  reforming  the  judicial  system  and  the  armed 
forces,  and  promoting  human  rights,  democracy,  the  rule  of  law 
and  national  reconciliation.  The  Commission  would  like  to  take  this 
opportunity  to  highlight  the  following  recommendations: 

Steps  to  ensure  civilian  control  of  military  promotions,  the  mili- 
tary budget  and  all  intelligence  services; 

Steps  to  cut  all  ties  between  the  military  and  private  armed 
groups  or  other  paramilitary  groups; 

The  immediate  implementation  of  constitutional  reforms  requir- 
ing the  turnover  of  the  present  members  of  the  Supreme  Court; 

A  public  listing  of  all  detention  centers  and  all  those  who  are  de- 
tained in  them;  and, 

Full  support  for  the  new  civilian  national  police  force. 

Mr.  Chairman,  Representative  Smith,  and  members  of  the  sub- 
committee, the  Commission  would  like  to  thank  you  for  this  oppor- 
tunity to  discuss  the  main  points  of  the  Commission's  report. 

[The  prepared  statement  of  Mssrs.  Betancur,  Figueredo  and 
Buergenthal  appears  in  the  appendix.] 

Mr.  Torricelli.  Mr.  Buergenthal,  did  you  have  a  statement  you 
wanted  to  make? 


Mr.  BUERGENTHAL.  No,  sir,  other  than  to  thank  you  for  the  sup- 
port the  Truth  Commission  received  from  you  in  the  months  we 
were  working  on  the  report. 

Mr.  Torricelli.  Gentlemen,  you  made  an  enormous  contribution 
to  a  long  and  difficult  resolution  of  this  tragedy.  The  people  of  El 
Salvador  will  have  a  chance  to  rebuild  their  future  and  they  are 
certainly  indebted  to  you. 

For  all  of  us  who  were  in  Washington  over  those  years,  we  are 
indebted  to  you  as  well.  Through  your  work  we  can  see  where  we 
made  errors  in  judgment  in  good  faith  and  trust  of  your  own  gov- 
ernment. We  can  certainly  see  mistakes  that  were  made  by  others 
within  their  government. 

I  would  like  to  take  the  chance  we  now  have  to  look  at  some  of 
these  issues  further  and  to  ask  a  few  questions. 

STATISTICAL  BASIS  OF  THE  TRUTH  COMMISSION  REPORT 

The  first  is  on  methodology.  Tell  us,  if  you  would,  the  numbers 
of  interviews  that  were  conducted  so  we  will  have  an  understand- 
ing of  the  statistical  base. 

Mr.  BUERGENTHAL.  Mr.  Chairman,  we  received  and  interviewed 
at  least  2,000  individuals  who  came  to  us  and  actually  presented 
evidence  relating  to  something  like  several  thousand  individuals. 

Mr.  Torricelli.  Relating  to  7,000? 

Mr.  Buergenthal.  Individuals  who  presented  claims  relating  to 
more  than  7,000  cases. 

Mr.  Torricelli.  What  is  the  standard  of  proof  that  you  had  re- 
quired .for  yourselves  before  you  reached  a  judgment  on  some  of 
these  extraordinarily  controversial  and  important  issues,  assigned 
responsibility  for  a  murder? 

VERIFICATION  OF  WITNESS  ACCOUNTS 

Mr.  Buergenthal.  Mr.  Chairman,  as  my  colleague  already 
pointed  out,  we  devised  a  system  for  weighing  the  evidence — over- 
whelming proof,  substantial  proof  and  sufficientproof — and  based 
our  findings  of  fact  on  one  of  these  standards.  Then,  with  regard 
to  charges  involving  individuals,  we  decided  that  if  we  were  to 
name  any  individual,  we  could  not  rely  on  only  one  source  of  infor- 
mation. 

Moreover,  we  were  aware  of  the  fact  that  we  were  not  working 
in  a  way  that  courts  work.  Therefore,  we  did  everything  in  our 
power  to  verify  and  cross  check  the  evidence  and  make  sure  that 
the  testimony  we  received  was  also  borne  out  by  whatever  cir- 
cumstantial evidence  or  other  evidence  we  could  find. 

Our  final  decision  was  made  on  the  basis  of  our  moral  conviction 
based  on  the  information  we  received.  There  is  a  chapter  in  our  re- 
port that  describes  in  considerable  detail  the  methodology  we  em- 
ployed and  the  considerations  we  took  into  account  in  making  our 
decisions  we  had  to  make.  I  should  add  that  with  regard  to  the 
findings  we  made  in  naming  specific  individuals,  all  three  of  us  in 
all  of  the  cases  we  presented  have  a  moral  certainty  that  the  find- 
ings reflect  the  truth. 

Mr.  Torricelli.  In  each  of  the  conclusions  that  you  reached  you 
did  so  unanimously? 

Mr.  Buergenthal.  That  is  right. 


10 

Mr.  Torricelli.  So,  for  purposes  of  our  understanding,  when  you 
reach  a  conclusion  about  the  direction  of  the  massacre  or  the  mur- 
der of  the  Archbishop  or  the  Jesuits,  you  are  requiring  both  that 
there  be  some  circumstantial  evidence  and  multiple  corroborations 
from  independent  sources? 

Mr.  Buergenthal.  That  is  correct,  Mr.  Chairman. 

Mr.  Torricelli.  Because  these  statements  would  be  made  with- 
out the  benefit  of  a  cross  examination,  did  you  place  yourselves  in 
the  circumstances  of  testing  the  veracity,  depth  of  knowledge  of  the 
individuals  who  would  provide  this  information? 

Mr.  Buergenthal.  Very  much  so,  yes.  In  various  different  ways. 
For  example,  our  first  question  in  assessing  testimony  would  be 
what  is  the  particular  interest  of  the  witness,  the  personal  or  politi- 
cal interest,  what  elements  does  he  represent,  was  there  personal 
animosity  between  the  accused  and  the  witness.  Next,  we  would 
find  other  evidence  to  support  or  detract  from  the  conclusion. 

We  often  interviewed  the  same  witnesses  over  and  over  again,  in 
some  cases  five  or  six  times,  and  brought  in  other  people  to  verify 
the  testimony.  We  felt  that  we  had  this  obligation,  considering  we 
could  not  confront  the  witnesses  and  the  accused  person.  We  also 
gave  those  who  were  being  accused  an  opportunity  to  appear  before 
us. 

AMERICAN  EMBASSY  ACCESS  TO  INFORMATION 

Mr.  Torricelli.  You  undoubtedly  already  have  a  sense  in  the 
brief  time  since  your  report  was  issued  that  those  of  us  who  partici- 
pated in  the  debate  about  Central  America  a  few  years  ago  feel  a 
rage  about  your  findings.  If  you  had  come  to  some  of  your  conclu- 
sions because  after  that  exhaustive  analysis,  you  had  found  a  few 
missing  witnesses  hiding  somewhere  in  a  remote  corner  of  the 
world  who  gave  testimony,  it  would  be  easier  to  understand.  But 
it  is  my  impression  that  you  found  multiple  sources  among  the 
thousands  of  people  that  you  talked  to  that  led  you  to  some  of  these 
conclusions. 

That  leads  me  to  ask  you,  not  as  a  past  member  of  the  Commis- 
sion but  as  an  American,  given  the  number  of  people  who  they 
have  had,  the  strength  of  the  evidence,  your  own  judgment,  inde- 
pendent of  your  role  in  the  commission,  of  the  possibility  of  the 
American  Embassy  operating  in  San  Salvador  at  the  time  of  the 
death  of  the  Jesuits,  at  the  time  of  the  massacre,  at  the  time  of  the 
killing  of  the  nuns,  the  assassination  of  the  Archbishop,  the 
chances  given  our  access  to  information  and  presence  in  the  coun- 
try of  the  things  that  you  have  now  discovered  were  not  to  a  sig- 
nificant extent  known  then. 

Mr.  Buergenthal.  This  is  a  difficult  question  to  answer,  Mr. 
Chairman.  I  would  say  with  regard  to  both  acts  that  much  of  it  was 
known  to  some  of  them  and  if  they  were  not  known,  they  should 
have  been  known  to  U.S.  personnel  in  El  Salvador. 

Mr.  Torricelli.  Professor,  we  have  time  here.  This  is  important. 
I  want  to  go  through  a  couple  of  them.  Begin  with  your  impressions 
from  the  massacre  and  go  through  each  of  those  cases,  if  you 
would,  giving  your  impressions  based  on  the  number  of  witnesses 
who  came  forward  and  the  levels  of  evidence. 


11 

U.S.  EMBASSY  KNOWLEDGE  OF  EL  MOZOTE  MASSACRE 

Mr.  Ballenger.  Would  the  gentleman  yield,  and  tell  me  which 
massacre  he  is  speaking  of? 

Mr.  TORRICELLI.  The  700  civilians. 

Mr.  Buergenthal.  In  the  El  Mozote  massacre  it  is  clear  that,  at 
the  very  least,  it  would  have  been  possible  for  the  U.S.  Embassy, 
had  it  wanted  to,  to  have  easily  ascertained  that  there  was  a  mas- 
sacre and  who  committed  it. 

Mr.  Torricelli.  First  I  want  to  assure  my  colleagues  that  I 
know  we  are  taking  some  time.  We  will  stay  here  as  long  as  is  nec- 
essary as  you  are  available  to  get  these  things  answered. 

U.S.  ADMINISTRATION  JUSTIFIES  THE  MURDER  OF  AMERICAN  NUNS 

Addressing  the  question  of  the  nuns,  quoting  Alexander  Haig, 
then  Secretary  of  State,  "I  would  like  to  suggest  to  you  that  some 
of  the  investigations  would  lead  one  to  believe  that  perhaps  the  ve- 
hicle that  the  nuns  were  riding  in  may  have  tried  to  run  a  road- 
block or  may  have  accidentally  perceived  to  have  been  doing  so." 

Did  you  receive  any  testimony  from  anyone  suggesting  how  Mr. 
Haig  would  have  come  to  that  conclusion? 

Mr.  Buergenthal.  No. 

Mr.  Torricelli.  Among  the  hundreds  of  people  you  talked  to,  no 
one  suggested  that  this  was  a  possibility? 

Mr.  Buergenthal.  No.  The  statement  was  outrageous. 

Mr.  Torricelli.  Quoting  our  former  Ambassador  to  the  United 
Nations,  Mrs.  Kirkpatrick:  "I  don't  think  the  Government  of  El  Sal- 
vador was  responsible.  The  nuns  were  not  just  nuns.  The  nuns 
were  political  activists.  We  ought  to  be  a  little  more  clearcut  about 
this  than  we  usually  are.  They  were  political  activists  on  behalf  of 
somebody  who  was  using  violence  to  oppose  and  kill  them." 

Do  you  have  any  evidence  to  suggest  how  someone  might  have 
come  to  that  conclusion? 

Mr.  Buergenthal.  In  that  case  one  might  have  come  to  the  con- 
clusion that  they  might  have  been  sympathetic  to  the  FMLN,  but 
not  that  they  were  involved  in  the  conflict. 

Mr.  Torricelli.  Didn't  you  report  that  the  order  to  kill  them  or 
the  discussion  of  it  began  before  they  arrived  in  the  country? 

Mr.  Buergenthal.  Well,  they  had  been  in  the  country  before. 

Let  me  just  clarify  one  thing,  Mr.  Chairman.  There  is  no  doubt 
that  there  is  no  basis  for  Mrs.  Kirkpatrick's  statement  as  a  jus- 
tification for  the  killing  of  those  church  women. 

It  may  have  been  true  in  this  case  that  the  sympathy  of  the  nuns 
was  with  the  FMLN,  but  to  my  mind  and  the  mind  of  the  commis- 
sion, that  is  totally  irrelevant.  They  were  not  members  of  the 
FMLN  and  they  were  not  armed.  There  was,  therefore,  no  justifica- 
tion to  kill  them. 

U.S.  EMBASSY  PURSUES  OSTRICH  POLICY? 

Mr.  TORRICELLI.  There  was  a  report  last  night  concerning  the 
massacre  on  CBS  interviewing  the  Ambassador  and  one  of  his 
former  assistants.  Contrary  to  the  Ambassador's  assertions  at  the 
time,  he  indeed  had  been  assigned  to  go  out  and  speak  with  people 


12 

and  had  brought  back  to  the  embassy  evidence  from  those  con- 
versations, that,  in  fact,  this  had  been  done  by  security  forces. 

During  your  conversations,  did  you  either  find  evidence  or  de- 
velop your  own  view,  professor,  about  the  availability  of  informa- 
tion concerning  who  was  responsible  for  that  massacre  and  wheth- 
er or  not  it  was  known  or  should  have  been  known  to  officials  in 
San  Salvador? 

Mr.  Buergenthal.  My  own  impression,  Mr.  Chairman,  is  that 
certain  individuals  in  the  embassy  were  not  interested  in  receiving 
that  information  and  that  it  could  have  been  easily  received  as  far 
as  the  massacre  was  concerned. 

On  that  point,  let  me  just  amplify  what  I  said — and  here  again 
I  speak  for  myself  and  not  for  the  commission:  one  got  the  impres- 
sion, not  that  people  in  the  embassy  necessarily  knew,  because  it 
was  not  always  easy  to  know  things  in  El  Salvador,  but  that  U.S. 
officials  at  certain  times  did  not  want  to  know. 

U.S.  GOVERNMENT  KNOWLEDGE  OF  THE  NUN  MASSACRE 

Mr.  Torricelli.  Did  anyone  suggest  to  you  that  they  were  aware 
or  had  ever  been  interviewed  by  the  U.S.  Government  personnel 
about  the  massacre? 

Mr.  Buergenthal.  I  really  can't  recall  that,  Mr.  Chairman. 

Mr.  Torricelli.  Dr.  Figueredo,  this  is  an  important  question. 
Mr.  President,  I  will  restate  the  question. 

This  Congress  was  assured  the  U.S.  Government  at  no  time  had 
any  information  with  regard  to  the  massacre.  Indeed,  testimony 
was  provided  to  this  Congress  of  alternate  theories  disputing 
whether  it  happened  at  all. 

During  the  course  of  interviewing  people  who  led  you  to  your 
conclusions  about  the  massacre,  did  anyone  ever  suggest  to  you 
that  they  ever  submitted  testimony  to  the  U.S.  Embassy  personnel 
or  provided  information  that  might  have  come  to  the  U.S.  Govern- 
ment? 

Mr.  Buergenthal.  I  did  not  understand  your  question  before. 
We  received  information  that  a  certain  U.S.  official  had  in  fact  re- 
ported that  a  massacre  took  place. 

Mr.  Torricelli.  So  your  witnesses  had  been  questioned  and  had 
provided  the  information  on  the  account  that  they  had  at  the  time 
following  the  massacre? 

Mr.  Buergenthal.  That  they  had  information. 

AMERICAN  JOURNALIST  MURDERED 

Mr.  Torricelli.  Finally,  in  1983,  I  went  to  San  Salvador  to  re- 
trieve the  body  of  a  constituent,  a  young  journalist,  John  Sullivan. 
I  brought  his  body  home  to  his  family.  There  have  been  many  theo- 
ries about  why  John  was  murdered. 

During  the  course  of  your  discussions  with  people,  did  his  name 
ever  arise? 

Mr.  Buergenthal.  The  name  came  up  but- 


Mr.  Torricelli.  He  was  taken  from  the  Sheraton  Hotel  late  one 
night  and  his  body  was  found  some  20  miles  outside  of  El  Salvador. 

Mr.  Buergenthal.  I  am  aware  of  his  name,  but  we  were  unable 
to  find  anything  else  regarding  this  case. 

Mr.  Torricelli.  No  one  came  forward. 


13 


Mr.  BUERGENTHAL.  No. 

Mr.  Torricelli.  Mr.  Smith. 


COMMISSION  CONSENSUS  REGARDING  CASES 

Mr.  Smith.  I  would  like  to  ask  our  three  panelists,  whoever 
would  like  to  answer  the  questions,  were  there  cases  where  the  ma- 
jority ruled?  You  indicated  that  they  were  unanimous  in  terms  of 
the  final,  but  were  there  cases  where  it  was  two  to  one  and  you 
thought  those  cases  would  be  just  shunted  aside  or  was  there  una- 
nimity? 

Mr.  Figueredo.  There  was  no  case  where  we  had  divided  vote. 
It  was  unanimity. 

Mr.  Smith.  Consensus  was  formed  and  you  went  forward  with 
that  consensus  about  what  had  happened  in  a  particular  incident? 

Mr.  Figueredo.  The  methodology  adopted  and  the  procedures 
that  were  followed  were  such  that  if  the  case  lacked  sufficient  evi- 
dence, we  put  it  aside  until  we  got  more  facts.  Where  we  got  the 
necessary  facts,  the  cases  are  indicated  with  the  unanimous  views 
of  the  commission. 

Mr.  Smith.  Were  there  cases  where  perhaps  everyone  did  not 
agree  but  where  there  might  have  been  sufficient  evidence  where 
another  set  of  eyes  looking  at  it  might  have  wanted  to  pick  up  the 
gauntlet  and  said  other  evidence  should  be  looked  at  and  perhaps 
other  names  might  be  forthcoming? 

Mr.  Figueredo.  We  were  not  given  a  list  of  cases  that  we  had 
to  analyze.  We  adopted  the  methodology  and  procedure  that  is  in- 
cluded in  the  report.  Our  staff  remained  in  El  Salvador  at  the  time 
of  our  field  work  there. 

We  did  get  some  information  concerning  various  cases  which  be- 
cause of  the  limited  period  of  time  of  6  months,  could  not  be  fully 
explored.  I  do  not  recall  that  we  stopped  any  of  the  cases  because 
we  did  not  reach  any  common  view.  Rather,  it  was  more  that  in 
some  cases  we  had  no  evidence  to  go  on  and  we  had  limited  time. 

goal:  produce  recommendations,  not  cases 

Our  goal  was  not  to  produce  more  and  more  cases,  but  to  empha- 
size the  recommendations.  That  is  why  we  were  looking  at  either 
individual  cases  where  people  were  forthcoming  or  at  illustrative 
cases.  We  were  unable  in  some  instances  to  have  people  come  for- 
ward, but  in  a  majority  of  the  cases,  they  did  come  forward. 

Mr.  Smith.  Would  it  be  your  suggestion  that  there  be  a  followup 
Truth  Commission  again  to  sift  through  the  remaining  cases,  and 
there  must  be  thousands  of  them,  because  of  time  constraints  and 
limited  personnel. 

For  the  record,  will  you  enlighten  us  with  how  large  a  staff  you 
did  have,  because  you  were  entrusted  with  a  Herculean  task? 

Mr.  Buergenthal.  Our  staff  consisted  of  between  15  and  20  in- 
dividuals. As  for  your  first  question  we  have  not  discussed  this  sub- 
ject, so  I  am  speaking  for  myself  only.  I  am  not  sure  that  would 
necessarily  recommend  another  Truth  Commission. 


14 
FROM  DEATH  SQUADS  TO  A  NEW,  JUST  SOCIETY 

But  there  is  one  area  that  we  left  somewhat  unexplored  that 
troubles  us,  and  we  say  so  in  the  report.  This  is  the  area  that  con- 
cerns the  Death  Squads.  We  deal  with  the  Death  Squads,  we  de- 
scribed the  phenomenon,  but  we  did  not  have  at  our  disposal  the 
type  of  investigative  tools  that  we  would  need  to  be  able  to  pierce 
the  veil  of  secrecy  that  covers  this  whole  phenomenon. 

There  we  feel  strongly  that  it  is  very,  very  important  for  the  fu- 
ture of  El  Salvador  to  find  the  people,  particularly  the  financial 
backers,  who  made  the  Death  Squads  possible.  That  can  only  be 
done  by  agencies  that  have  the  necessary  investigative  instruments 
to  do  it.  There  were  of  course  thousands  of  individual  cases  listed 
in  our  annex  with  which  we  do  not  deal,  but  as  far  as  the  Death 
Squads  are  concerned,  we  leave  with  trepidation. 

Mr.  FlGUEREDO.  I  want  to  stress  the  point  that  has  just  been 
made  by  the  Mr.  Buergenthal.  We  do  make  a  recommendation  first 
to  the  Government  of  El  Salvador  and  invite  those  who  can,  inter- 
national government  institutions  and  others,  and  we  invite  particu- 
larly you  and  others  to  look  into  this  matter. 

Mr.  Betancur  [through  translator].  The  whole  basis  of  our  rec- 
ommendation is  really  a  search  to  stop  impunity.  Impunity  is  what 
gave  rise  to  this  war.  The  people  in  El  Salvador  felt  there  was  no 
longer  any  justice  in  their  system,  and  so  they  opted  for  taking  the 
law  into  their  own  hands.  That  is  what  we  really  seek  to  put  an 
end  to,  the  impunity. 

We  believe  that  the  cornerstone  of  the  new  society  in  El  Salvador 
must  be  a  just  society,  a  society  permeated  by  clarity,  justice  and 
fairness.  In  order  to  achieve  this  just  society,  it  is  imperative  that 
the  justice  system  be  restructured,  beginning  with  the  removal  of 
the  vast  majority  of  the  judges  and  starting  at  the  very  top,  the 
president  of  the  Supreme  Court  of  El  Salvador,  and  then  on  down 
the  lists  of  judges. 

OPPORTUNITY  OF  THE  ACCUSED  TO  RESPOND 

Mr.  Smith.  Could  I  ask  you,  I  think  I  heard  you  correctly  to  testi- 
mony that  people  who  were  accused  were  permitted  the  oppor- 
tunity to  respond.  Is  there  a  record  of  either  people  from  the  FMLN 
or  the  government  security  forces  or  military  having  responded  to 
the  accusations  against  them? 

Mr.  Buergenthal.  I  am  not  sure  what  you  mean  by  "record." 

Mr.  Smith.  When  a  body  of  evidence,  whether  it  be  overwhelm- 
ing, sufficient  or  substantial,  was  gathered  pointing  a  finger  at  an 
individual,  whether  they  are  government  people  or  FMLN  people, 
were  they  given  an  opportunity  to  respond  to  the  charges?  And  if 
so,  who  responded,  and  is  there  a  record  of  that  response? 

Mr.  Buergenthal.  First  of  all,  I  think  I  should  make  very  clear 
that  almost  90  percent  of  all  of  our  information  is  confidential.  We 
were  in  fact  authorized  to  do  that.  Without  confidentiality,  we 
would  not  have  received  any  information. 

I  should  add,  too,  that  as  far  as  responses  are  concerned,  most 
of  the  people  we  asked  to  appear  appeared.  There  were  some  who 
did  not  and  a  few  whom  we  could  not  find,  but  the  vast  majority 
of  the  individuals  we  invited  to  appear  appeared. 


15 

Now,  in  terms  of  confrontation,  because  of  the  manner  in  which 
we  operated,  to  confront  somebody  in  that  society  with  the  person 
he  accused  is  often  to  guarantee  his  immediate  execution. 

Mr.  Smith.  I  did  not  mean  the  person.  I  meant  the  information 
to  implicate.  For  instance,  did  General  Ponce  or  the  FMLN  leaders 
who  are  named  in  the  report  provide  a  rebuttal  to  the  accusations 
levied  against  them? 

Mr.  Buergenthal.  We  interviewed  General  Ponce  and  the  oth- 
ers. 

Mr.  Smith.  Was  that  made  public? 

Mr.  Buergenthal.  No,  none  of  our  information  was  made  public. 

WITNESSES  FEAR  RETRIBUTION 

Mr.  Smith.  I  can  understand  witnesses  who  would  fear  retribu- 
tion. Have  there  been  any  instances  where  people  who  came  for- 
ward have  been  either  harassed  or  hurt  in  any  way?  But  for  those 
who  were  accused,  is  that  information  going  to  be  made  available? 

Mr.  Buergenthal.  I  am  not  sure  I  understand  which  informa- 
tion you  are  talking  about. 

Mr.  Smith.  If  someone  is  accused  of  a  crime,  and  these  are  hor- 
rific war  crimes  that  their  names  are  attached  to,  they  apparently 
have  responded  in  conversations  with  your  commission.  Will  that 
information  be  made  available  so  that  we  know  what  the  response 
is,  whether  it  is  FMLN  or  the  government  people? 

Mr.  Buergenthal.  In  a  number  of  cases  we  indicate  what  the 
response  was,  that  people  denied  the  charges.  In  other  cases,  there 
is  also  evidence  of  who  appeared.  It  was  only  when  we  were  asked 
to  guarantee  confidentiality  that  it  was  not. 

Mr.  Figueredo.  Perhaps  it  might  be  useful  for  this  subcommit- 
tee to  know  that  at  the  end  of  our  activity,  we  were  very  seriously 
concerned  that  despite  the  recommendations  of  the  ad  hoc  commis- 
sion, which  came  up  with  a  list  of  military  officers  to  be  dismissed 
by  President  Cristiani  as  provided  for  in  the  Peace  Accords,  there 
were  a  number  of  them  which  the  President  decided  not  to  dismiss. 
But  the  list  was  kept  confidential. 

We  expressed  concern  to  the  Secretary  General  of  the  United  Na- 
tions that,  since  we  were  looking  at  cases  and  we  were  unaware 
of  the  names  of  the  100  or  so  that  were  on  the  ad  hoc  commission 
list,  it  could  happen  that  there  might  be  a  coincidence  of  names 
that  would  come  forth  in  our  cases  that  would  have  been  kept  by 
President  Cristiani.  The  consequence  of  this  could  be  that  some  of 
the  enemies  that  brought  the  findings  of  the  cases  could  perfectly 
reveal  in  the  general  context  of  those  cases  that  came  forward  to 
us.  That  would  put  at  risk  the  lives  of  those  who  came  forward  and 
had  confidential  testimony. 

TRUTH  AND  JUSTICE  WILL  FORM  A  NEW  SOCIETY 

Mr.  Smith.  From  the  perspective  of  fostering  reconciliation  and 
suggesting  that  those  individual's  names  be  kept  out  of  politics  for 
10  years  or  for  life,  for  certain  other  types  of  activities,  do  you  have 
a  sense  with  a  reformed  judicial  system  in  El  Salvador  that  certain 
actions  should  be  taken  in  the  future,  or  would  you  think  that  that 
would  be  beyond  your  mandate? 


16 

Secondly,  since  names  are  named  with  regard  to  American  citi- 
zens who  were  butchered  and  killed,  is  there  a  sense  of  what  this 
government  ought  to  be  thinking  of  along  the  lines  of  extradition 
so  that  justice  can  be  finally  meted  down  to  those  who  committed 
these  crimes? 

Mr.  Betancur  [through  translator].  We  have  considered  all 
along  that  discovering  the  truth  is  essential  to  create  a  new  society 
in  El  Salvador.  We  had  received  some  pressure  trying  to  prevent 
us  from  naming  names. 

When  we  first  arrived  in  El  Salvador,  we  were  urged  by  the  high 
officials,  from  the  President  to  the  high  command  of  the  armed 
forces,  they  all  urged  us  to  name  names  precisely  with  the  argu- 
ment that  institutions  are  not  the  ones  that  commit  crimes.  It  is 
individuals  who  commit  crimes. 

By  December  of  1992,  when  we  were  winding  up  our  work,  we 
again  were  approached  by  the  authorities  but  this  time  the  mes- 
sage was  exactly  to  the  contrary.  They  asked  us  not  to  name 
names.  They  considered  that  to  be  a  dangerous  development.  These 
were  the  self-same  people  who  had  first  urged  us  to  come  out  with 
the  names. 

Our  reaction  to  them  in  December  was  to  say  "if  that  is  the  case, 
if  we  do  not  give  out  names,  then  indeed  the  institutions  are  guilty 
of  the  crimes." 

Take,  for  example,  the  case  of  the  Jesuits.  It  is  a  fact  that  they 
were  killed  by  a  group  of  officers  from  the  battalion  who  were  given 
prison  sentences  of  30  years.  If  no  names  could  be  given  out,  then 
it  should  be  the  institution  that  would  have  to  be  dissolved.  No 
more  army. 

According  to  the  Salvadoran  constitution,  the  commander  in  chief 
the  armed  forces  is  the  President  of  the  Republic.  This  would  mean 
that  he  would  be  the  ultimate  person  responsible. 

So  our  response  to  this  was,  these  crimes  were  committed  by  in- 
dividuals. The  names  have  to  be  given  out  of  those  human  beings 
who  willingly  and  knowingly  accept  and  commit  this  type  of  crime. 
We  are  convinced  that  the  truth  will  act  as  a  sort  of  blessed  holy 
water  that  will  cleanse  Salvadoran  society. 

U.S.  GOVERNMENT  RESPONSE  TO  CRIMES  AGAINST  AMERICAN  CITIZENS 

Mr.  Smith.  Left  open  is  what  the  followup  ought  to  be.  I  take  it 
perhaps  that  was  done  by  design.  It  seems  to  me  that  especially  by 
highlighting  and  naming  names  in  crimes  that  had  been  committed 
against  U.S.  citizens,  it  leaves  open  a  burden,  moral  and  legal,  on 
our  own  government  for  a  review  of  these  cases  with  regards  to 
what  action  this  government  might  take.  Perhaps  the  information 
you  have  could  be  shared  with  the  Justice  Department  attorneys. 

I  did  not  get  any  sense  in  reading  through  those  cases  you  high- 
lighted of  Americans  whether  or  not  they  were  overwhelming  or 
sufficient  circumstances.  Perhaps  you  can  provide  for  the  record 
what  kind  of  information  you  had  for  those.  Perhaps  that  could  be 
provided  to  our  Government. 

Mr.  BUERGENTHAL.  That  is  in  the  report.  Each  individual  case 
and  finding,  you  will  note  that  we  indicate  the  weight  of  evidence 
on  which  the  finding  was  based. 


17 

APPROPRIATENESS  OF  THE  TRUTH  COMMISSION  CONCEPT  TO  OTHER 

REGIONS 

Mr.  Smith.  I  would  ask  one  final  question.  Maybe  it  applies  to 
the  region  or  perhaps  anywhere  else  in  the  world,  as  to  whether 
or  not  in  your  view  the  Truth  Commission  idea  or  concept  might 
not  be  applied  to  other  nations  as  well. 

Earlier  today  we  had  a  meeting  with  Mr.  Lacayo  from  Nicaragua. 
I  broached  the  question  since  there  had  been  serious  allegations 
very  serious,  leveled  against  his  government  and  Mrs.  Chamorro, 
whether  they  be  true  or  not,  they  deserve  an  investigation  and  an 
impartial  look.  I  got  a  sense  that  he  would  not  be  averse  to  that 
at  all.  I  came  away  with  a  view  I  might  be  for  it. 

I  hope  something  like  this  might  be  triggered  to  sift  through  so 
that  the  democratic  experiment  in  Nicaragua  does  not  go  awry  and 
the  hopes  and  expectations  for  that  country,  which  are  very  high, 
are  not  undermined. 

Perhaps  you  would  like  to  speak  as  to  whether  or  not  you  think 
this  model  might  be  applied  elsewhere. 

As  you  said,  Mr.  President,  there  is  a  cleansing  sense  when  the 
truth  is  out.  As  the  chairman  said,  "The  truth  will  set  you  free," 
when  he  quoted  Christ. 

Mr.  Buergenthal.  As  you  know,  this  is  the  first  time  such  com- 
mission format  was  used,  the  first  time  that  a  commission  was 
used,  which  was  composed  of  three  individuals  who  are  not  nation- 
als of  the  particular  country  being  investigated.  In  some  cases,  that 
is  probably  the  only  way  tnat  a  credible  report  on  what  happened 
can  be  prepared. 

For  that  reason,  our  sense  is  that  the  establishment  of  the  Truth 
Commission  set  a  precedent.  It  will  probably  be  used  and  probably 
should  be  used  in  many  other  countries.  In  some  countries,  it  may 
not  be  the  right  tool,  but  on  the  whole,  it  probably  provides  a  very 
useful  instrument  for  investigating  past  violence  and  then  for  com- 
ing up  with  a  credible  finding  that  hopefully  puts  at  rest  the  dis- 
pute as  to  what  happened,  what  is  and  what  is  not  true. 

Mr.  Figueredo.  I  understand  that  this  subcommittee  will  listen 
to  some  other  views  of  people  from  El  Salvador  when  we  leave  the 
subcommittee.  We  were  addressed  by  the  important  members  of 
the  Salvadoran  Government  with  respect  to  both  committees,  the 
ad  hoc  and  the  Truth  Commission. 

Their  reasoning  was  it  might  not  have  been  necessary  for  the 
peace  process.  This  is  not  for  us  to  answer.  But  without  this  instru- 
ment peace  might  not  have  been  achieved  in  the  time  it  was 
achieved. 

Probably  one  of  the  parties  could  argue  very  forcefully  their 
views  in  this  regard.  But  we  have  no  doubt  in  our  mind  that  this 
is  instrument  breaking  new  ground  in  human  rights,  as  the  profes- 
sor has  said,  and  there  is  no  doubt  in  our  minds  that  instruments 
similar  to  this  should  be  encouraged,  encouraged  in  this  hemi- 
sphere and  encouraged  in  other  parts  of  the  world. 

Mr.  Smith.  I  thank  you  very  much  for  your  pioneering  work  on 
world  peace  and  peace  in  El  Salvador. 

Thank  you. 

Mr.  Torricelli.  Mr.  Menendez. 


18 

Mr.  Menendez.  Thank  you,  Mr.  Chairman. 

As  I  listened  to  the  testimony,  the  shocking  events  in  the  past 
of  what  happened  in  El  Salvador  come  vividly  back  to  mind  with 
the  shocking  evidence  of  your  report.  I  believe  you  entitled  your  re- 
port Delaguda  La  Esperanza,  "From  Madness  to  Hope." 

Let's  hope  that  both  the  Government  of  El  Salvador  and  others 
involved  will  embrace  the  findings  of  your  report  and  more  impor- 
tantly the  recommendations  of  your  report. 

ALLEGATIONS  OF  DEATH  SQUAD  ACTIVITIES  BY  SALVADORANS  IN 

MIAMI 

In  that  regard,  I  noticed  on  page  4  of  your  joint  statement  that 
the  commission  found  that  Salvadoran  exiles  living  in  Miami 
helped  administer  death  squad  activities  between  1980  and  1983, 
and  I  quote  your  statement,  "With  apparently  little  serious  atten- 
tion from  the  U.S.  Government." 

You  continue  that  paragraph,  talking  about  death  squads  re- 
maining a  threat  to  the  peaceful  El  Salvador  and  you  recommend 
a  special  investigation  to  name  their  organizers  and  financiers. 

How  did  you  come  to  that  statement,  "With  apparently  little  at- 
tention from  the  U.S.  Government?"  It  seems  you  made  a  point  of 
making  that  statement.  Would  you  expound  for  the  committee? 

Mr.  Buergenthal.  I  will  answer  that  question,  but  I  have  to  an- 
swer it  in  a  somewhat  circumspect  way.  I  think  that  you  may  wish 
to  know  that  I  was  given  access  to  certain  confidential  information. 
I  was  given  clearance  for  certain  information.  The  information  that 
I  received  in  various  cases  enabled  us  to  reach  certain  conclusions, 
not  necessarily  about  this  particular  case. 

Mr.  Menendez.  Your  answer  only  raises  other  questions  in  my 
mind.  I  will  try  to  approach  them.  Obviously  you  will  answer  as 
best  as  you  can. 

When  you  say  you  were  given  clearance  for  information,  was  it 
here  or  abroad,  your  source  of  clearance  for  information? 

Mr.  Buergenthal.  I  was  provided  access  to  U.S.  information,  to 
certain  U.S.  information. 

Mr.  Menendez.  And  that  U.S.  information  which  obviously  this 
committee  would  be  able  to  obtain  gave  rise  for  you  to  make  the 
statement  that — which  part  of  your  sentence  on  page  4,  that  the 
Salvadoran  exiles  living  in  Miami  helped  administer  the  death 
squad  activities  or  that  the  United  States  showed  little  serious  at- 
tention? 

Mr.  Buergenthal.  As  you  correctly  noted,  I  did  not  answer  this 
question  before. 

Mr.  Menendez.  Let  me  ask  you  this:  You  made  a  public  state- 
ment on  page  4  which  really  raises  serious  questions  for  the  com- 
mittee. The  chairman  pointed  out,  and  rightfully  so,  that  at  a  time 
when  I  was  not  a  Member  of  this  committee,  obviously  I  was  not 
here,  that  people  came  to  the  United  States  and  made  representa- 
tions. 

In  your  statement  here,  you  have  gone  out  of  your  wav  before  the 
■committee  to  cite  that  people  living  in  your  country  helped  admin- 
ister debt  squad  activity  during  a  certain  period  of  time.  You  could 
have  ended  there,  but  you  go  on  to  say  the  U.S.  Government  paid 
little  attention. 


19 

Is  this  a  fair  statement,  that  they  knew  of  these  activities  by  Sal- 
vadoran  exiles  in  Miami? 

Mr.  Buergenthal.  I  would  like  to  make  it  clear  to  the  committee 
that  the  three  members  of  the  commission  reached  an  agreement 
and  Dr.  Figueredo  and  myself  deferred  to  Professor  Buergenthal 
and  he  in  effect  represented  the  commission  for  the  purpose  of  ob- 
taining this  information. 

You  are  looking  at  me  now  to  answer  the  question.  The  answer 
is  that  it  seems  to  me,  as  the  chairman  suggested,  that  if  you  are 
going  to  investigate  U.S.  policy  that  that  would  be  one  point  to  in- 
vestigate. We  have  made  a  report  based  on  the  confidential  infor- 
mation we  have  received  and  we  will  stick  by  our  conclusion  on 
that  point. 

DID  U.S.  PERMIT  VIOLATIONS  OF  LAW? 

Mr.  Menendez.  So  I  will  take  it  that  is  a  fair  statement.  In  any 
event,  for  my  view  of  it,  if  you  are  willing  to  make  the  statement, 
and  I  understand  the  constraints  you  have,  but  if  you  had  are  will- 
ing to  make  the  statement  for  public  consumption  that  certain  acts 
within  U.S.  jurisdiction,  the  confines  of  the  United  States'  jurisdic- 
tion, here  in  the  United  States,  subject  to  U.S.  law,  that  in  fact  Sal- 
vadoran  exiles  helped  administer  death  squad  activities,  then  I 
think  it  is  incumbent  upon  this  committee — and  I  hope,  Mr.  Chair- 
man, that  you  will  pursue  vigorously  those  actions  that  are  alleged 
here  because  I  think  that  it  is  important  to  know  how  we  would 
permit  those  types  of  violations  of  law  to  go  unchecked  and 
unpursued  by  our  own  law. 

AMNESTY — AN  APPROPRIATE  ACTION? 

President  Cristiani  has  called  for  an  amnesty  for  both  sides  of 
the  situation,  I  think  partly  as  a  result  of  your  report.  I  wonder, 
as  I  listened  to  your  recommendations  in  your  report,  is  there  a 
valid  reason  to  consider  this  as  an  appropriate  course  of  action? 
Will  it  not  undermine — because  amnesty  is,  depending  on  how  we 
define  amnesty,  it  can  be  very  finite  or  it  can  be  very  broad. 

Your  recommendations  about  removing  certain  people  from  ap- 
propriate governmental  and  military  positions,  your  recommenda- 
tions about  barring  others  for  a  period  of  a  decade  in  terms  of  par- 
ticipating, your  other  recommendations  here  could  fall  within  the 
ambit  of  amnesty. 

I  would  like  to  hear  from  the  commission  their  views? 

Mr.  Figueredo.  Mr.  Menendez,  we  purposely  did  not  react  in  our 
report  to  this  particular  issue.  We  did  not  do  so,  and  I  could  elabo- 
rate a  little  bit  in  the  sense  that  at  the  end  of  our  work  in  El  Sal- 
vador, we  requested  all  parties  concerned  what  would  you  expect 
to  see  in  our  recommendations.  We  invited  them  to  provide  us  with 
their  views.  After  all,  this  is  a  process  that  belongs  and  will  be  seen 
by  the  Salvadoran  people,  not  by  this  or  that  peoples,  which  they 
agreed  upon  under  question  of  the  Truth  Commission  that  came 
up. 

One  of  the  submissions  we  obtained,  was  that  we  should  rec- 
ommend a  Punto  Final  of  amnesty.  We  deliberated  very  exten- 
sively. You  cannot  expect  from  a  sponsored  U.N.  commission  with 
a  professor  who  has  been  30  years  in  human  rights  dealings,  with 


20 

a  former  President  and  former  foreign  minister,  that  we  could  ig- 
nore both  the  treaties  and  all  international  law  on  the  subject.  We 
therefore  took  the  position  of  not  addressing  this  particular  issue, 
though  we  discussed  with  those  who  urged  us  to  take  it  into  consid- 
eration— as  he  said,  it  is  for  you,  the  Salvadoran  people,  to  decide 
what  you  have  to  do. 

PRESIDENT  CRISTIANI  PLAYS  LEAD  ROLE 

In  that  regard,  I  would  only  react  to  what  Mr.  Torricelli,  the 
chairman  of  the  committee,  said  at  the  beginning.  We  understand, 
we  praise  the  role  that  President  Cristiani  is  playing  in  El  Sal- 
vador. He  is  the  president  of  peace.  He  is  the  captain  of  his  ship. 
He  requires  understanding  and  cooperation  of  all  of  El  Salvador.  It 
is  not  for  us  to  say  what  he  is  proposing  and  what  others  continue 
with. 

Mr.  Betancur  [through  translator].  In  our  report,  we  recognized 
the  fact  that  both  during  the  war  and  during  the  peace  process 
some  outstanding  and  remarkable  personalities  emerged.  These 
same  persons  who  were  devoted  to  the  war  were  the  ones  that 
brought  about  the  peace,  and  in  the  end  of  our  report  we  state  very 
clearly  that  it  is  up  to  the  Salvadoran  society  to  decide  how  it  will 
deal  with  its  own  future. 

TRUTH  COMMISSION  EXPECTS  ADOPTION  OF  ITS  RECOMMENDATIONS 

Mr.  Menendez.  Let  me  ask  you  this:  You  certainly  issued  a  se- 
ries of  recommendations.  Would  it  be  fair  to  say  that  you  would  be 
less  than  satisfied,  tremendously  disappointed  if  your  recommenda- 
tions are  not  fulfilled  after  all  of  the  work  you  did? 

You  had  two  goals,  and  I  understand  as  I  tried  to  prepare  and 
read  your  mandate,  it  was,  one,  to  find  the  truth  and,  two,  to  rec- 
ommend within  a  certain  ambit  those  items  that  you  felt  could,  in 
fact,  create  opportunities  for  a  longer  lasting  peace  and  democracy 
in  El  Salvador. 

Is  it  at  least  minimally  fair  to  say  that  it  is  your  expectation  that 
those  recommendations  that  you  issued  are  going  to  be  adopted  by 
both  sides? 

Mr.  Buergenthal.  Mr.  Menendez,  it  is  really  more  than  our  ex- 
pectation. Here  we  need  to  recall  that  both  parties  to  the  Salva- 
doran conflict  in  the  peace  accords  specifically  undertook  to  comply 
with  our  recommendations,  and  it  is  not  our  hope  but  really  our  ex- 
pectation that  they  will  live  up  to  the  commitment  they  assumed, 
and  it  is  also  our  hope  that  the  United  States  will  support  these 
recommendations  in  order  that  these  commitments  are  complied 
with. 

Mr.  Menendez.  Thank  you,  Mr.  Chairman. 

Mr.  Torricelli.  Thank  you,  Mr.  Menendez. 

Mr.  Ballenger. 

Mr.  Ballenger.  Thank  you,  Mr.  Chairman. 

A  BLOODY  OFFENSIVE 

If  I  may,  and  I  hope  that  possibly  you  found  out  in  your  examina- 
tion and  questioning  of  people  in  El  Salvador,  recognizing — and  it 
is  very  strange — it  obviously  was  the  creation  of  the  news  media, 


21 

and  I  am  not  suggesting  that  the  killing  of  the  priests  and  so  forth 
was  justified,  but  how  many  other  people  were  killed  in  that  par- 
ticular 2-day  battle  or  whatever,  3-day  battle  that  they  had?  Does 
anybody  have  a  legal  number  or  a  semilegal  number,  a 
guesstimation? 

Mr.  Figueredo.  When  the  Jesuits  were  assassinated,  there  was 
a  major  offensive  of  the  FMLN,  probably  the  position-sustained  the 
goals  of  that  offensive  and  whatever  happened  during  that  offen- 
sive. 

It  is  stated  in  the  report  that  on  the  15th  a  meeting  that  took 
place  of  the  high  command,  the  view  by  the  high  command  and  the 
commanding  officers  fighting  in  the  capital  was  that  the  situation 
was  so  serious,  so  tremendously  serious,  that  approval  to  use  air- 
planes and  artillery  in  the  capital,  which  needed  the  consent  of  the 
President,  was  requested  so  that  the  capital  would  not  fall  either 
in  the  hands  of  the  FMLN  or  in  a  state  similar  to  what  happened 
in  Lebanon. 

That  position  was  adopted  from  a  purely  military  standpoint,  ap- 
proval was  subsequently  given,  and  it  happened.  We  do  not  have 
a  recount  of  exactly  the  numbers  or 

Mr.  Buergenthal.  Yes,  we  do. 

Mr.  Figueredo.  In  the  testimony  that  we  received,  which  doesn't 
necessarily  mean  that  that  was  trie  exact  number,  but  the  direct 
testimony  we  received,  on  page  37  of  our  report,  we  said  292  vic- 
tims. It  says  Emilio  Ponce,  chief  of  the  high  command  informed 
that  there  had  been  446  soldiers  killed,  1,228  wounded,  and  1,902 
guerrillas  killed  and  1,109  wounded  in  that  particular  offensive. 

Mr.  Ballenger.  That  is  close  to  5,000  or  6,000  people  killed  in 
that  particular  area,  and  the  news  media,  as  far  as  I  know,  the 
news  media  up  here  never  reported  anything  except  the  Jesuits.  I 
am  not  trying  to  justify  the  Jesuits,  but  obviously  somebody  was 
responsible  for  4,000  or  5,000  people  getting  killed  in  that  particu- 
lar situation. 

The  10-year  suspension  that  you  are  recommending,  I  can  under- 
stand because  you  have  the  names  of  the  chiefs  of  staff  and  the 
generals  and  so  forth,  but  that  10-year  suspension,  does  that  in- 
clude maybe  some  of  the  witnesses  who  are  going  to  be  in  the  next 
panel? 

Mr.  Buergenthal.  I  am  sorry,  Mr.  Ballenger,  the  next  wit- 
nesses? 

SOME  FORMER  RIGHTS  VIOLATORS  AND  THE  PEACE  PROCESS 

Mr.  Ballenger.  You  know,  you  recommended  for  people  that 
were  involved  in  these  killings  and  the  deaths  and  so  forth,  it  was 
recommended  that  they  have  10-year  suspensions  or  lifetime  sus- 
pensions from  being  involved  in  the  government  in  any  political  op- 
eration. Obviously,  it  could  apply  to  some  FMLN  people,  but  you 
would  be  less  likely  to  know  who  they  were.  Could  it  possibly  apply 
to  some  of  the  people  in  the  next  panel? 

Mr.  Buergenthal.  It  may  well  be,  yes.  We  have  a  listing,  Mr. 
Ballenger,  listing  all  of  the  people. 

Mr.  Ballenger.  Oh,  really.  Let  me  ask  you  one  strange  thing, 
and  you  have  to  accept  the  fact  that  I  know  these  people,  but  the 
fact  that — how  do  you  personally  reconcile  that  some  of  the  people 


22 

you  named,  namely  General  Ponce  and  Vides  Casanova  have  been 
the  strong  supporters  of  the  peace  movement,  have  been  there  to 
reduce  the  army,  have  done  all  these  various  and  sundry  things, 
and  at  the  same  time  seem  to  have  committed  themselves  to  very 
definitely  dangerous  things. 

Mr.  Figueredo.  I  think  President  Betancur  in  his  earlier  re- 
marks said  what  I  am  going  to  repeat  to  you.  We  recognize  in  those 
12  years  there  were  acts  of  which  certain  individuals  from  one  side 
or  another,  at  least  in  what  we  looked  at,  had  responsibilities  and 
violations  according  to  our  analysis  and  the  methodology  of  human 
rights  violations,  but  we  recognize  as  well  that  these  individuals 
did  play  a  positive  role  in  reaching  agreements,  in  bringing  about 
the  peace  accords. 

TRUTH  COMMISSION  MAKES  RECOMMENDATIONS;  SALVADORAN  PEOPLE 

MAKE  FINAL  DECISION 

We  did  say  that  specifically,  but  it  was  not  for  us  to  weigh  these 
considerations  because  we  do  not  act  as  a  tribunal,  and  we  have 
made  the  recommendations  that  we  make  in  our  report,  but  the  ul- 
timate decision  is  for  Salvadoran  people.  This  is  why  I  stress,  Mr. 
Ballenger,  that  we  recognize  President  Cristiani,  the  responsibility 
he  has  to  carry  forward,  and  he  will  have  to  discuss  his  suggestions 
with  the  Salvadoran  people.  So  if  they  decide  one  way  or  another, 
it  is  the  Salvadorans  who  will  have  the  future  in  their  hands.  We 
did  not  pass  judgment  as  to  whether  they  should  do  it  this  way  or 
they  should  do  it  that  way. 

Mr.  Buergenthal.  If  I  might  just  make  another  addition  to  this. 
I  agree  with  Dr.  Figueredo,  but  I  would  also  like  to  add  that  in  the 
time  that  we  have  come  to  know  El  Salvador,  it  is  not  impossible 
to  assume  that  some  of  these  people  never  really  believed  that  they 
themselves  would  be  removed.  They  may  have  participated  in  the 
peace  process  believing  that  they  would  be  protected,  that  they 
would  continue  with  their  immunity  while  others  would  have  to  go. 

MILITARY  ORDERS  THE  DEATH  OF  THE  JESUITS 

Mr.  Ballenger.  Could  I  ask,  at  the  meeting  of  the  colonels  and 
the  generals  on  the  night  of  the  15th  when  the  decision  was  made 
evidently  to  go  ahead  and  use  as  much  force  as  necessary  to  save 
the  city,  was  it  at  that  particular  time  that  these  people  justified 
or  ordered  the  death  of  the  Jesuits? 

Mr.  Figueredo.  We  described  in  the  report  in  that  case  the  con- 
victions that  we  obtained  out  of  all  our  thorough  investigation,  the 
general  meeting  that  took  place  where  more  than  30  or  40  people 
was  convened  specifically  to  handle,  from  a  military  standpoint,  the 
offensive  that  was  a  very  serious  offensive.  We  describe  in  the  re- 
port what  happened. 

Mr.  Ballenger.  Well,  let  me — the  three  areas  of  guilt  where  you 
have  drawn  the  three  areas,  and  at  that  particular  meeting  where 
the  generals,  the  colonels  decided  that  they  would  kill  the  Jesuits, 
somebody  must  have  actually  reported  to  you  specifically  that  these 
three  or  four  gentlemen  made  the  decision  that  they  would  kill  the 
Jesuits  at  that  meeting.  If  they  don't  have  that,  I  mean  is  there  a 
definite  word  of  mouth  proof  that  somebody  said  that  or  is  this  an 
assumption  on  one  level  or  two  levels  or  a  third  level? 


23 

COLONEL  ORDERS  THE  KILLING  OF  THE  JESUITS 

Mr.  Figueredo.  If  you  allow  me,  I  will  read  from  the  report, 
page  47.  The  15th  of  November — I  am  translating,  free  translation. 

On  the  15th  of  November  at  around  6:30  p.m.  there  was  a  meet- 
ing of  the  high  command  with  all  military  commanders  to  adopt 
new  measures  confronting  the  offensive.  The  Chief  of  Staff,  Ponce, 
authorized  the  elimination  of  union  leaders  and  renowned  members 
and  supporters  of  the  FMLN.  It  was  also  decided  in  that  meeting 
to  increase  the  air  force  attacks  and  to  use  artillery  and  armored 
vehicles  to  dislodge  the  FMLN  from  the  areas  they  controlled. 

The  Minister  of  Defense,  General  Rafael  Humberto  Larios  Lopez, 
requested  that  all  who  were  in  agreement  should  raise  their 
hand — no,  if  anyone  disagreed  with,  he  should  raise  his  hand.  No 
one  raised  his  hand.  It  was  also  agreed  to  consult  these  military 
positions. 

After  the  meeting,  some  officers  remained  in  the  meeting  room 
of  the  high  command,  talking  to  each  other.  One  of  these  groups 
was  discussing  policy — General  Juan  Rafael  Bustillo,  Colonel  Fran- 
cisco Elena  Fuentes,  Colonel  Juan  Orlando  Zepeda,  Colonel 
Inocente  Orlando  Montano. 

Colonel  Ponce  called  Colonel  Guillermo  Alfredo  Benavides  and  in 
front  of  these  four  officials  ordered  him  to  eliminate  Father 
Ellacuria  without  leaving  any  witness. 

He  ordered  as  well  to  use  the  Batallon  Atlacatl  unit  that  2  days 
earlier  had  undertaken  a  search  of  the  grounds  of  the  Jesuits  uni- 
versity. 

Mr.  Ballenger.  Pretty  clear-cut. 

Thank  you,  Mr.  Chairman. 

Mr.  Torricelli.  Mr.  Gallegly. 

Mr.  Gallegly.  I  have  nothing,  Mr.  Chairman. 

Mr.  Torricelli.  Mr.  Royce. 

Mr.  Royce.  Yes,  let  me  ask  one  question. 

USING  THE  REPORT  FOR  THE  RIGHT  PURPOSE 

I  think  that  the  Commission's  report  is  really  intended  to  pro- 
mote national  reconciliation.  How  can  we  work  to  make  sure  that 
it  is  not  used  for  the  purpose  of  revenge  and  it  is  not  just  used  for 
the  purpose  of  politics?  How  do  we  move  on  from  here?  Could  I  ask 
you  for  your  opinion  on  that? 

Mr.  Betancur  [through  translator].  Yes,  Mr.  Royce,  the  whole 
aim  of  our  report  is  reflected  in  its  title,  "From  Madness  to  Hope." 

It  was  our  intention  to  help  this  transition  of  the  Salvadoran  peo- 
ple from  the  situation  of  madness  to  something  that  affords  hope 
in  the  future  and  to  create  a  society  the  basis  of  which  has  to  be 
the  respect  of  human  dignity,  individual  human  dignity. 

There  is  an  historic  constant  that  has  shown  that  constant  viola- 
tions of  human  rights  create  a  reaction  that  upgrades  the  level  of 
abuse  of  human  rights.  This  is  the  chain  we  want  to  cut.  An  invisi- 
ble thread  runs  through  our  report.  However  painful  the  cases  that 
are  reflected  in  the  report,  it  is  our  hope  that  this  will  lead  to  a 
constructive  future. 


24 

The  way  that  one  can  help  the  Salvadoran  people  as  they  come 
out  of  the  ashes  to  rebuild  a  new  society  is  to  bolster  their  efforts 
to  create  that  new  society  and  free  them. 

Mr.  ROYCE.  Thank  you. 

Mr.  Torricelli.  Mr.  Smith. 

Mr.  Smith.  Just  very  briefly  let  me  thank  you  for  the  second 
round  of  questioning,  Mr.  Chairman. 

I  just  wanted  to  ask  our  panel,  again  getting  to  the  unfinished 
business,  because  it  is  extremely  important  as  you  have  done  to 
chronicle  the  most  notorious  cases  and  to  receive  information  as 
you  did  from  people  who  came  under  condition  of  anonymity  to  give 
you  information. 

SCOPE  OF  THE  REPORT 

Did  you  find  that  there  were  a  large  number  of  cases?  For  in- 
stance, if  you  could  put  a  percentage  on  it,  if  that  is  possible,  of 
those  cases  that  you  think  you  have  provided  us  a  clue  as  to  what 
happened  and  perhaps  those  cases  that  remain  untouched,  because, 
again,  a  three-member  panel  looking  at  over  a  decade  of  atrocity 
can't  even  hope  to  touch  on  all  of  these  cases,  and  secondly,  since 
we  all  know  that  from  the  report  that  the  military  was  implicated 
as  perpetrating  the  majority  of  these — or  security  forces  of  these 
various  crimes,  how  would  you  judge  the  accessibility  of  informa- 
tion regarding  FMLN:  Was  it  more  difficult?  Was  there  less  of  a 
paper  trail,  if  you  will?  Were  people  more  or  less  reluctant?  Did  you 
have  access  to  a  sufficient  number  of  people?  Again,  just  so  we  get 
at  the  truth  of  what  really  happened. 

I  was  to  El  Salvador  on  four  separate  occasions,  twice  in  regard 
to  assassinations,  because  that  was  one  of  the  issues  that  I  have 
and  continue  to  push  very  strongly  throughout  the  world. 

I  remember  on  one  particular  trip  hearing  a  number  of  alleged 
atrocities  being  laid  at  the  door  of  the  FMLN  dealing  with  the  so 
called  "foot  taker  offer  mines"  that  were  being  used. 

My  question  really  goes  to  how  much  of  that  information  needs 
to  be  gotten  out,  again,  looking  at  a  second  round  of  this,  if  you 
will,  if  that  is  necessary? 

Mr.  Figueredo.  Mr.  Smith,  your  reasoning  is  persistent  and  I 
think  very  important,  because  it  is  important  for  this  subcommit- 
tee, and  for  all  of  us,  to  have  contributed  to  the  Salvadoran  process 
and  assist  the  Salvadorans  with  this  process. 

MANY  CASES  REMAIN 

Let  me  clarify  certain  points.  First  of  all,  the  report  is  a  rel- 
atively small  report.  I  would  say  that  it  was  based  on  what  the  peo- 
ple of  El  Salvador  told  us  and  according  to  a  specific  methodology 
which  is  hereby  sustained. 

But  there  is  a  very  large  annex.  That  is  a  listing  of  all  the  vic- 
tims who  were  identified  to  us,  and  we  searched  very  thoroughly 
all  the  lists  of  disappearances  and  our  victims  which  the  U.N.  sys- 
tems and  other  organizations  submitted. 


25 


FMLN  RESPONSIBILITY 


So  this  is  one  answer  to  your  question,  in  the  annex,  you  can  see. 
As  to  the  FMLN  responsibility,  let  me  put  it  this  way:  We  did  re- 
quest the  armed  forces  specifically  on  several  occasions  in  writing 
submit  to  us  the  cases  they  were  charging  the  FMLN  with,  and  we 
requested  also  the  human  rights  governmental  office  to  do  the 
same  thing,  submit  to  us  all  the  cases,  not  only  the  cases  at  which 
you  were  reported,  but  cases  attributed  to  the  FMLN.  We  did  ob- 
tain very,  very  large  numbers.  As  a  matter  of  fact,  one  day  we  re- 
ceived, I  don't  know  whether  it  was  in  October  or  November  8  or 
10  folders,  with  thousands  and  thousands  of  cases. 

We  looked  at  this  material  thoroughly  and,  as  a  result  of  that, 
we  exchanged  views  with  them.  In  most  of  the  cases,  it  was  only 
a  paper  clipping  with  an  indication  this  was  done  by  such  and 
such.  So  we  invited  them  in  writing  and  in  meetings  with  our  staff 
to  give  us  more  information  because  we  have  a  methodology  and 
we  are  not  changing  methodology,  we  simply  would  like  you  to  sub- 
mit more  evidence. 

They  did  not  come  forward,  but  we  did  look  into  those  cases 
where  we  had  secondary  evidence  that  indeed  it  was — had  been  re- 
ported, and  we  looked  also  to  primary  evidence  as  well,  and  we  saw 
that  those  who  came  with  the  2,000,  some  of  them  specifically  were 
invited  and  we  looked  at  these  cases.  So  I  hope  that  I  am  clarifying 
your  point  of  view.  We  did  apply  a  very  thorough  systematic  way 
of  looking  at  the  cases,  and  we  were  looking  for  them. 

Now,  as  to  the  cooperation  by  the  FMLN,  they  did  indeed  come 
and  not  only  reported  on  issues  but  names  either  in  a  personal  ca- 
pacity, some  of  the  commanders  came  and  they  had  families  or  oth- 
ers or  whatever  and  they  reported  and  gave  us  evidence,  but  they 
also  provided  information  which  was  helpful  in  finding  the  truth. 

In  certain  cases,  their  arguments  to  us  were  not  convincing,  par- 
ticularly their  justification  for  their  action  and  why  there  were  not 
violations  of  human  rights.  Their  argument  was  they  did  not  vio- 
late human  rights.  Our  position  is  that  they  did,  and  we  said  so 
in  our  report. 

Perhaps  Professor  Buergenthal  can  elaborate  a  little  more  on 
that. 

Mr.  Smith.  Thank  you,  Doctor. 

Mr.  Torricelli.  Thank  you,  Mr.  Smith. 

AMERICANS,  TOO,  MUST  SEARCH  FOR  TRUTH 

Your  work  now  concludes  a  search  for  the  truth  about  El  Sal- 
vador. For  those  of  us  who  are  Americans,  we  now  must  begin  our 
own  search  for  truth.  The  war  in  El  Salvador  touched  not  only  the 
people  of  that  country  but  in  a  very  real  way  the  people  of  this 
country  as  well. 

I  would  like  to  begin  perhaps  our  own  search  for  an  American 
truth  in  this  tragedy  by  just  briefly  reading  what  remains  central 
to  this  debate:  "Presidential  determination  Number  82—4,  January 
28,  1982.  I  hereby  determine  that  the  Government  of  El  Salvador 
is  making  a  concerted  and  significant  effort  to  comply  with  inter- 
nationally recognized  human  rights.  I  hereby  determine  that  the 
Government  of  El  Salvador  is  achieving  substantial  control  over  all 


26 

elements  of  its  own  armed  forces.  I  hereby  determine  that  the  Gov- 
ernment of  El  Salvador  has  made  a  good  faith  effort  to  investigate 
the  murders  of  the  six  U.S.  citizens  in  El  Salvador  in  December 
1980  and  January  1981." 

Based  on  your  report,  we  now  know  that  48  days  before  this  re- 
port was  issued,  allowing  the  continuance  of  American  military  aid 
to  El  Salvador,  700  men,  women  and  children  were  massacred,  ba- 
bies were  thrown  in  the  air  and  caught  on  the  ends  of  bayonets, 
children  were  machine-gunned  as  they  slept,  whole  families  de- 
stroyed. Twelve  months  Defore,  four  labor  activists  were  machine- 
gunned  in  a  hotel;  19  months  before  the  assassination  of  Arch- 
bishop Romero. 

It  goes  to  the  core,  the  very  fiber  of  the  ability  of  a  free  people 
to  make  informed  judgments  about  the  most  central  issues  Defore 
our  country,  when  in  good  faith  Congress  comes  together  with  an 
American  President  asking  only  that  we  act  based  on  the  truth  to 
be  so  deceived. 

Some  may  choose  to  believe  that  it  was  simply  a  mistake  of  judg- 
ment that  there  was  misinformation.  I  wish  I  could.  You  have  done 
a  great  service  not  only  to  the  people  of  El  Salvador  but  indeed  to 
the  international  community.  Thank  you  for  being  with  us  today. 

Our  next  panel,  please.  Will  the  witnesses  please  take  their 
seats.  If  the  audience  would  please  be  seated  or  leave  the  hearing 
room. 

For  our  next  panel,  we  are  joined  by  Jorge  Handal,  Coordinator 
of  the  FMLN,  accompanied  by  Salvador  Samayoa  and  Ana  Maria 
Martinez. 

Mr.  Handal,  would  you  like  to  begin  by  making  a  statement? 
Welcome  before  the  committee.  We  are  pleased  to  have  each  of  you 
with  us.  Any  statement  you  would  like  to  make  at  the  outset,  we 
would  be  glad  to  receive. 

STATEMENT  OF  SCHAFIK  JORGE  HANDAL,  COORDINATOR,  PO- 
LITICAL COMMISSION  OF  THE  FARABUNDO  MARTI  LIBERA- 
TION FRONT  (FMLN),  ACCOMPAMED  BY  SALVADOR 
SAMAYOA  AND  ANA  MARIA  GUADELUPE  MARTINEZ 

Mr.  Handal  [through  translator].  First  of  all,  thank  you  for  the 
invitation. 

Mr.  Chairman,  the  peace  process  in  El  Salvador  has  brought  in- 
valuable achievements  for  the  Salvadoran  people.  It  could  leave  an 
important  legacy  for  democracy  in  Latin  America  and  for  the  future 
of  United  States'  relations  with  other  nations  in  our  American  con- 
tinent. 

IN  IMPLEMENTATION  OF  PEACE  AGREEMENTS,  MUCH  WORK  REMAINS 

Nevertheless,  in  the  implementation  of  the  peace  accords,  critical 
aspects  needed  to  consolidate  a  stable  and  lasting  peace  still  have 
not  been  complied  with.  In  the  first  place,  the  purging  of  the  army 
has  not  been  completed  and  everything  appears  to  indicate  that  the 
subordination  of  the  military  to  civilian  control  is  encountering  re- 
sistance which  threatens  the  future  of  democracy  and  the  viability 
of  the  implementation  of  agreements  regarding  the  armed  forces. 
For  example,  the  military  leadership  is  obstinately  preserving  the 
political  intelligence  apparatus  and  files,  despite  clear  provisions  to 


27 

the  contrary  in  the  accords  and  in  the  amendments  to  the  Constitu- 
tion. 

The  armed  forces  and  the  defense  ministry  published  a  pamphlet 
on  March  1  entitled  "The  Threat  to  Sovereignty  and  the  Destruc- 
tion of  the  State"  in  which  in  addition  to  reviving  positions  adopted 
during  the  cold  war,  they  insinuate  that  they  will  forcefully  oppose 
the  Truth  Commission  report. 

SERIOUS  PROBLEMS  PLAGUE  NEW  NATIONAL  CIVILIAN  POLICE 

Along  the  same  lines,  it  should  be  noted  that  numerous  persons 
from  the  military  intelligence  apparatus  and  the  dismantled  public 
security  forces  have  been  transferred  to  important  positions  in  the 
academy  charged  with  preparing  the  policemen  and  officers  in  the 
new  National  Civilian  Police  Force,  from  which  the  accords  and  the 
Constitution  exclude  members  of  the  military. 

In  addition  to  this  deficiency,  there  are  other  suspicious  and  seri- 
ous deficiencies  in  the  admissions  system,  budgetary  obstacles  and 
other  irregularities.  All  this  has  delayed  and  can  qualitatively  af- 
fect the  organization  of  the  National  Civilian  Police,  which  is  so  es- 
sential for  democratization. 

FMLN  SUPPORTS  TRUTH  COMMISSION 

The  Truth  Commission's  report  is  a  difficult  test  for  the  process. 
It  is,  in  fact,  an  unprecedented  step  in  the  right  direction,  as  it 
brings  to  an  end  decades  of  coverups  and  strengthens  the  possibili- 
ties of  putting  an  end  to  the  impunity  enjoyed  by  civilians  and  mili- 
tary personnel  with  the  power  to  trample  on  the  entire  society  of 
El  Salvador. 

The  FMLN  fully  supports  the  recommendations  of  the  Commis- 
sion and  will  contribute  to  generating  a  positive  and  mature  reac- 
tion by  the  entire  nation  to  this  difficult  but  absolutely  necessary 
test  for  the  nascent  Salvadoran  democracy. 

FMLN  CONCERNED  ABOUT  SOME  PROGRAMS  IN  PEACE  ACCORDS 

Regarding  other  matters,  we  are  concerned  about  the  land  trans- 
fers and  the  programs  for  reintegration  of  former  FMLN  combat- 
ants into  civilian  life.  Although  these  programs  are  established  in 
the  peace  accords,  the  Government  of  El  Salvador,  alleging  inflexi- 
bility in  the  terms  of  U.S.  aid  that  support  those  programs,  is  im- 
posing an  excessively  slow  pace  and  creating  multiple  stumbling 
blocks  to  their  compliance.  This  problem  could  be  a  source  of  new 
outbreaks  of  social  conflict. 

We  also  wish  to  express  our  concern  in  regard  to  the  electoral 
process  with  particular  reference  to  the  register  of  citizens  qualified 
to  vote,  as  it  is  plagued  with  defects.  Conditions  are  developing 
which  could  produce  a  massive  exclusion  of  voters.  This  would  cer- 
tainly favor  the  governing  party,  Arena,  and  its  allies. 

IN  NEW  EL  SALVADOR,  ALL  MUST  COMPLY  WITH  ACCORDS 

Mr.  Chairman,  we  are  convinced  that  all  these  problems  can  be 
overcome.  It  is  important  that  all  the  accords  be  complied  with 
faithfully,  now  that  the  FMLN  has  definitively  abandoned  armed 
struggle.  In  this  way,  we  are  guaranteeing  that  in   El  Salvador 


28 

today  no  one  will  conclude  that  arms  are  more  effective  than  politi- 
cal struggle. 

INTERNATIONAL  AID  IS  CRUCIAL 

In  this  context,  the  continuity  of  the  political  attention  and  eco- 
nomic aid  which  the  international  community  has  given  to  our 
country  is  vital.  The  U.S.  military  aid,  if  it  is  given,  should  con- 
tinue to  be  contingent  upon  compliance  with  the  peace  accords  and 
the  full  subordination  of  the  military  to  civilian  authority.  Eco- 
nomic aid  should  be  guaranteed,  maintaining  it  to  reinforce  that 
same  purpose. 

We  are  also  concerned  by  the  proximity  of  the  expiration  of  DED 
status,  deferred  enforce  departure  status,  for  tens  of  thousands  of 
Salvadorans  who  live  in  the  United  States.  Their  abrupt  and  mas- 
sive return  to  El  Salvador  would  produce  an  enormous  negative  im- 
pact in  the  social  and  political  arenas,  and  would  without  a  doubt 
be  counterproductive  for  the  process  of  peace  and  democracy.  We 
hope  for  an  extension  of  DED  which  will  benefit  all  Salvadorans 
and  give  the  peace  process  a  greater  chance  for  success. 

Finally,  we  would  like  to  reaffirm  our  full  commitment  to  peace 
and  democratization  in  El  Salvador.  Thank  you  very  much. 

[The  prepared  statement  of  Mr.  Handal  appears  in  the  appen- 
dix.] 

Mr.  Torricelli.  Thank  you  very  much,  Mr.  Handal.  Thank  you 
for  your  testimony. 

Would  you  characterize  your  reaction  to  the  Truth  Commission's 
report  as  a  total  acceptance  without  any  contradiction  that  you 
would  offer?  I  pose  these  questions  to  everyone. 

FMLN  ACCEPTS  TRUTH  COMMISSION  REPORT 

Mr.  Handal  [through  translator].  We  fully  support  the  conclu- 
sions of  the  Truth  Commission,  as  we  have  said  publicly.  And  we 
support  and  accept  all  their  recommendations. 

Mr.  Torricelli.  This  means  that  you  do  not  contradict  any  of 
the  findings  that  they  have  reached  with  regard  to  the  FMLN? 

Mr.  Handal  [through  translator].  Yes,  that  is  true. 

FMLN  DOES  NOT  DENY  MURDERING  AMERICAN  SOLDIERS 

Mr.  TORRICELLI.  Do  you  understand  that  this  is  very  difficult  for 
us  because  it  means  we  are  sitting  across  from  people  whose  orga- 
nization participated  in  the  murder  of  American  servicemen?  Was 
it  indeed  the  policy  of  the  FMLN  that  unarmed  American  service- 
men in  San  Salvador  were  a  legitimate  target? 

Mr.  Handal  [through  translator].  During  a  long  period  of  the 
war  in  El  Salvador,  the  U.S.  administration  was  totally  and  abso- 
lutely involved  in  the  search  for  complete  destruction  and  wiping 
out  of  us,  of  the  FMLN.  The  restrictions  that  the  U.S.  Congress  put 
on  this  assistance  in  El  Salvador  on  the  ground  were  not  respected. 
In  this  context,  the  FMLN,  even  though  it  always  observed  special 
care  in  not  affecting  the  personnel  or  the  interests  of  the  United 
States  in  El  Salvador,  it  was  very  difficult  to  always  observe  this 
policy. 


29 

Mr.  Torricelli.  What  I  am  trying  to  reach  is  whether  murdering 
American  servicemen  sitting  in  a  restaurant  was  within  the  policy 
of  the  FMLN  or  whether  this  is  a  rogue  operation  outside  of  operat- 
ing instructions.  The  report  concludes  that  these  were  the  proce- 
dures of  the  FMLN  and  this  was  considered  a  legitimate  target, 
and  you  have  endorsed  the  report. 

Mr.  Handal  [through  translator].  Believe  I  was  explaining  this 
point.  There  was  a  period  when  the  activity  of  the  United  States 
in  relation  to  the  Salvadoran  military  began  to  change,  and  at  one 
point  there  appeared  the  route  of  negotiations,  and  the  FMLN  was 
very  careful  at  that  point  with  U.S.  interests  and  personnel.  And 
we  should  remember  that  during — in  this  respect  during  the  offen- 
sive in  1989,  remember  the  behavior  of  the  FMLN  in  the  Sheraton 
Hotel  and  also  with  the  many  family  members  of  U.S.  personnel 
who  were  living  in  the  neighborhood  of  Escalone  where  we  oper- 
ated. 

Mr.  Torricelli.  The  report  concludes  that  it  was  the  policy  of 
the  FMLN  to  also  engage  in  the  assassination  of  local  political 
leaders  and  notes  the  killing  of  particular  mayors.  This  was  indeed 
the  policy,  the  strategy  of  the  FMLN? 

FMLN:  FOCUS  ON  IMPLEMENTARY  REPORT  NOT  DISCUSSING  IT 

Mr.  Handal  [through  translator].  Do  not  really  want  to  discuss 
the  report  of  the  Truth  Commission.  We  have  accepted  it  in  full. 
Even  though  we  may  have  different  reasoning  or  justifications  for 
some  of  the  activities  that  are  blamed  on  the  FMLN,  we  don't  want 
to  get  into  polemics  or  discussions  about  the  report  because  we 
don  t  want  to  weaken  it  or  weaken  its  impact  because  of  what  it 
represents  and  how  important  it  is  for  El  Salvador.  We  must  focus 
on  carrying  out  the  recommendations  of  the  report. 

Mr.  Torricelli.  We  all  want  to  see  the  recommendations  of  the 
report  carried  out,  but  part  of  the  process  of  national  reconciliation, 
both  among  the  Salvadoran  people  and  between  the  United  States 
and  the  people  of  El  Salvador  is  knowing  the  truth.  I  can  only  con- 
clude from  tne  report,  the  question  I  have  asked,  and  your  response 
to  it,  that  indeed  those  were  both  policies  of  the  FMLN  during  the 
course  of  the  war. 

THE  UNITED  STATES  ABHORS  THE  SLAYING  OF  UNARMED  CIVILIANS 

AND  AMERICANS 

It  appears  so  obvious  that  I  assume  I  don't  have  to  tell  you  how 
most  of  us  would  feel  about  that  and  how  we  regard  people  who 
would  murder  unarmed  civilian  officials  and  American  personnel. 
There  are  words  for  it  in  our  vocabulary.  You  are  our  guests  here 
today,  and  since  you  know  what  undoubtedly  is  on  my  mind,  I  will 
spare  saying  them  to  you. 

I  would,  however,  like  to  go  to,  as  you  have  suggested,  rec- 
ommendations for  the  future. 

Mr.  Samayoa  [through  translator].  Mr.  Chairman,  I  would  like  to 
say,  with  all  due  respect,  if  you  want  to  go  in  this  direction  or  enter 
into  this  area,  you  must  understand  how  we  feel  sitting  here  before 
representatives  of  a  government  who  financed,  armed,  fully  sup- 
ported, trained  the  Salvadoran  military  which  was  responsible  for 
murdering  thousands  of  Salvadorans. 


73-936  0-94-2 


30 

Mr.  Torricelli.  I  am  not  here  to  defend  American  support  for 
the  war  in  El  Salvador.  I  didn't  vote  for  it,  I  didn't  believe  in  it, 
and  I  never  wanted  any  part  of  it.  I  am  suggesting  to  you  that  in 
our  culture,  as  in  yours,  firing  upon  even  servicemen  seated  at  a 
luncheon  counter  who  were  engaged  in  no  combat,  not  known  to  be 
doing  any  harm  to  anyone  at  anytime,  or  the  civilian  mayors  of 
communities  without  regard  to  any  actions  they  may  have  under- 
taken, is  not,  in  my  judgment,  different  in  principle  from  the  inde- 
fensible actions  that  we  have  just  reviewed  with  members  of  the 
Truth  Commission  with  regard  to  the  Salvadoran  military. 

The  Commission  has  made  its  judgment,  you  accept  it  and  I  ac- 
cept it,  but  as  a  Representative  of  the  American  people,  I  could  not 
in  all  honesty  face  you  today,  true  to  our  commitments  to  the  fami- 
lies of  those  young  men  who  died,  without  looking  you  in  the  eye 
and  at  least  letting  you  know  what  250  million  other  Americans 
would  say  if  they  were  seated  here. 

I  would  at  this  point  either  be  glad  to  continue  this  conversation 
or  I  will  move  on  to  the  report,  if  that  would  be  to  your  preference. 

FMLN  PROPOSED  THE  CREATION  OF  THE  TRUTH  COMMISSION 

Ms.  Martinez  [through  translator].  Before  passing  on  to  other 

f>oints,  I  would  just  like  to  comment  on  the  process  of  peace  that 
ed  to  the  formation  of  the  Truth  Commission.  It  was  the  FMLN 
that  proposed  the  formation  of  the  Truth  Commission.  The  process 
of  negotiation  was  very  long  that  led  up  to  the  Government  of  El 
Salvador  finally  accepting  the  Truth  Commission.  And  when  we 
proposed  the  formation  of  the  Truth  Commission,  we  knew  that  the 
FMLN  needed  to  be  investigated  by  this  Commission  as  well. 

And  we  accept  totally  the  consequences  of  the  work  of  the  Truth 
Commission  and  you,  yourselves,  just  heard  from  one  of  the  com- 
missioners that  the  FMLN  cooperated  in  all  regards,  including 
around  the  cases  that  involve  the  FMLN. 

Mr.  Torricelli.  I  don't  want  my  own  personal  anger  about  the 
fate  that  befell  some  individual  Americans  to  take  away  from  my 
respect  for  the  fact  that  as  leaders  you  both  sought  out  an  imagina- 
tive solution  indeed  with  regard  to  the  Truth  Commission,  one  that 
will  set  an  international  model  for  settling  disputes  in  the  future, 
and  my  own  personal  admiration  that  I  recognize  the  risks  in- 
volved for  you  individually  in  leading  an  army  back  into  political 
integration  in  your  country. 

I  can  intellectually  separate  my  feelings  about  these  individual 
cases  from  an  admiration  for  people  on  each  side  of  this  dispute 
who,  at  great  risk,  have  ended  a  war.  I  don't  think  that  is  at  ques- 
tion. 

FMLN  AGREES  10-YEAR  BAN  MUST  APPLY  TO  EVERYONE 

Let  me  further  ask,  if  I  could,  you  to  confirm  that  it  is  your  own 
judgment  that  with  members  of  the  FMLN  who  were  involved  in 
any  of  these  crimes  cited  by  the  Truth  Commission,  just  as  with 
the  Salvadoran  military,  or  others,  that  this  ban  should  apply  to 
all  for  10  years  in  political  involvement  in  Salvador,  at  a  minimum. 

Mr.  Handal  [through  translator].  That  is  our  position.  We  have 
said  that  this  recommendation  must  apply  to  everyone,  as  the 
Commission  recommends. 


31 

Mr.  Torricelli.  As  I  have  listened  to  your  reaction  in  the  popu- 
lar press,  I  have  heard  you  allude  that  the  banning  from  public  life 
may  not  be  sufficient.  Is  it  your  judgment  that  both  with  the 
FMLN  cases  and  the  Salvadoran  military  cases  that  you  want  to 
go  beyond  the  report  of  the  Commission? 

Mr.  Handal  [through  translator].  After  analyzing  the  report,  we 
have  reached  this  position,  the  FMLN,  that  is:  The  report  must  be 
distributed  and  become  known,  especially  in  El  Salvador.  All  the 
recommendations  must  be  implemented. 

The  commission  made  an  evaluation  of  the  judicial  system  and 
judged  it  to  be  unreliable.  They  made  judgments  about  the  Presi- 
dent of  the  supreme  court  and  judges,  based  on  this  reasoning,  the 
commission  said  that  justice  could  only  be  carried  out  in  EI  Sal- 
vador based  on  a  new  system  of  administering  justice.  We  are  in 
agreement  with  that  conclusion. 

In  reality,  the  commission  has  gone  further  than  we  were  going 
ourselves. 

THREE  OPTIONS  FOR  ADMINISTRATION  OF  JUSTICE 

Mr.  Torricelli.  Since  in  reality  we  have  the  Salvadoran  justice 
system  as  it  is,  and  reform  of  it  will  take  place  over  time,  hopefully 
with  the  building  of  democratic  institutions,  with  a  new  leadership 
in  future  years  that  does  not  appear  to  deal  with  what  we  now 
know  about  the  horrors  of  El  Salvador  in  previous  years,  therefore, 
in  going  forward  with  this  report,  you  have  three  choices:  to  use 
the  justice  system  as  it  is,  imperfect,  to  deal  with  the  realities  of 
these  crimes;  to  accept  the  commission  report  and  attempt  national 
reconciliation  by  removing  these  people  from  the  political  process; 
or  taking  no  further  action,  or  hoping  that  one  day  a  better  justice 
system  deals  with  these  cases. 

But  that  is  a  delay  of  justice. 

I  assume  we  would  all  like  to  see  a  greater  accountability  for 
these  crimes,  but  the  higher  priority  is  probably  national  reconcili- 
ation. Your  people  have  already  suffered  so  much.  What  conclusion 
do  you  arrive  at  with  regard  to  these  choices? 

CHANGES  IN  JUDICIAL  SYSTEM  MUST  OCCUR 

Mr.  Handal  [through  translator].  We  don't  see  the  problem  in 
quite  the  same  way.  These  changes  in  the  judicial  system  must 
take  place.  The  argument  about  time,  it  will  take  time,  is  really  an 
argument  against  making  the  changes.  We  believe  that  the  changes 
can  be  made  quickly. 

Mr.  Torricelli.  They  are  not  intended  as  an  argument  against 
the  changes.  My  only  point  is  that,  as  a  foreigner,  I  am  assuming 
that  we  must  come  to  some  closure  on  these  cases  or  the  nation 
will  never  heal.  Either  that  is  done  through  a  legal  process  of  pros- 
ecution over  time  or  it  is  done  now  based  on  this  report. 

I  am  asking  you,  if  you  would,  to  definitively  state,  are  you  pre- 
pared to  build  the  future  of  El  Salvador  based  on  this  report,  or 
do  you  want  to  go  into  a  new  process  as  you  build  a  new  judiciary 
witn  a  higher  level  of  punishment?  I  assume,  for  the  purpose  of 
judgment,  we  would  like  to  have  a  higher  punishment.  But  obvi- 
ously you  have  to  factor  into  this  the  factor  of  national  reconcili- 
ation, what  serves  the  nation's  interest? 


32 

Mr.  Handal  [through  translator].  There  are  various  aspects  to  be 
taken  into  account.  One  is  justice  and  the  punishment  of  individ- 
uals. The  other  is  the  reform  of  the  country  and  democratization. 
The  Truth  Commission  report  points  in  two  directions.  One  is  to 
assure  that  these  kinds  of  acts  are  not  repeated.  We  believe  that 
that  is  the  highest  priority. 

Some  years  ago  the  U.S.  Government  decided  to  support  an  effort 
in  El  Salvador  to  reform  the  judicial  system.  It  did  not  achieve  any- 
thing. This  change  in  the  judicial  system  can  only  be  done  with 
measures  like  those  that  the  Truth  Commission  proposes.  It  is  not 
a  technical  problem.  It  is  a  moral  problem,  a  problem  of  principles 
and  a  problem  of  will. 

These  changes  are  either  to  be  made  or  not  made.  There  is  no 
third  alternative. 

AMNESTY  WOULD  WEAKEN  TRUTH  COMMISSION  RECOMMENDATIONS 

With  respect  to  the  amnesty  or  pardon,  we  don't  believe  that  this 
is  the  theme  for  today.  This  is  not  the  theme  of  the  moment.  There 
are  two  reasons  for  this.  One  is  that  an  immediate  amnesty  would 
tend  to  weaken  the  application  of  all  the  recommendations  of  the 
Truth  Commission,  particularly  the  reform  of  the  judicial  system; 
and  second,  because  it  would  weaken  the  report  of  the  Truth  Com- 
mission as  a  basis  for  reconciliation,  once  people  know  the  names 
of  those  who  are  in  the  Truth  Commission's  report  and  know  that 
many  of  these  people  continue  in  positions  of  power,  what  they  will 
feel  is  not  reconciliation  but  fear. 

So  the  first  and  most  urgent  thing  is  to  apply  the  recommenda- 
tions of  the  commission,  remove  them  from  power. 

I  would  like  to  underline  the  difference  in  our  case  with  the  cases 
in  other  countries  where  amnesties  were  applied  quickly.  In  the 
case  of  El  Salvador,  we  are  dealing  with  a  very  long  standing  cul- 
ture of  violence  and  repression  against  the  civilian  population.  This 
isn't  a  brief  period  in  El  Salvador  of  repression.  We  have  behind 
us  a  whole  century  of  dictatorships.  First,  we  had  a  dictatorship  of 
landholders  and  later  a  dictatorship  of  the  military.  That  covers 
the  whole  20th  century.  The  independence  of  the  system  of  admin- 
istering justice  was  completely  asphyxiated  in  this  period. 

In  Chile,  for  example,  the  government  of  General  Pinochet  was 
just  a  moment  within  a  longer  history  of  democracy,  respect  for 
rights  and  justice.  So,  in  El  Salvador,  we  need  very  deep,  profound 
changes  that  send  roots  down. 

So  we  believe  amnesty  right  now  is  really  a  distraction  from  the 
main  task.  The  moment  will  arrive  to  consider  amnesty,  but  it  is 
not  now. 

Mr.  TORRICELLI.  Thank  you. 

Mr.  Smith. 

Mr.  Smith.  It  has  been  a  very  enlightening  and  I  think  a  very 
productive  hearing.  I  do  have  a  number  of  questions. 

FMLN  ACCEPTS  COMMISSIONS  FINDINGS  OF  VIOLENCE 

Mr.  Handal,  a  moment  ago  you  spoke  of  the  theme  of  the  mo- 
ment. I  would  respectfully  suggest  that  such  talk  raises  questions 
that  the  FMLN  has  pretty  much  a  pragmatic  view  of  the  world; 
and  yet  the  FMLN  has  accepted  the  Truth  Commission,  and  that 


33 

commission's  report  rests  on  a  basis  of  fundamental  morality  that 
kidnappings  and  murders  and  assassination  are  morally  wrong  and 
are  not  to  be  done. 

FMLN  policy,  as  my  friend  and  colleague,  Mr.  Torricelli,  pointed 
out,  was  to  consider  U.S.  military  personnel  legitimate  targets  of 
attack.  The  submission  itself  points  out  that  tnese  killings  were 
violations  of  international  humanitarian  law.  The  commission 
points  out,  again,  that  assassinations  and  disappearances  and 
kidnappings  during  the  war  violated  human  rights  and  humani- 
tarian rights,  and  charges  that  the  FMLN  committed  these  grave 
acts  of  violence  in  numbers  of  400  known  killings  and  300  dis- 
appearances during  those  years. 

My  first  question:  Does  the  FMLN  absolutely  renounce  those  tac- 
tics? Do  you  consider  them  in  retrospect  to  have  been  wrong,  and 
speaking  now  and  into  the  future,  do  you  renounce  such  tactics? 

Mr.  Handal  [through  translator].  I  would  like  to  repeat  what  I 
said  a  little  while  ago  that  we  really  don't  want  to  enter  into  a  dis- 
cussion on  the  report.  We  support  without  any  excuses  or  qualifica- 
tions the  report  of  the  Truth  Commission  and  the  recommenda- 
tions, including  regarding  the  FMLN.  We  also  don't  want  to  enter 
into  this  discussion  with  you  here  on  a  theme  of  morality. 

There  are  many  threads  to  be  cut,  so  to  speak,  on  both  sides. 
Both  yourselves  and  ourselves  could  enter  into  that. 

Yes,  we  do  want  to  be  pragmatic.  There  was  a  war  that  had  its 
causes  and  it  developed  and  it  ended  with  a  just  and  difficult  nego- 
tiation. The  United  States  was  involved  during  the  war  and  in  trie 
negotiations.  As  such,  we  would  like  to  see  you  as  one  of  the  par- 
ties that  accepted  the  negotiations  and  its  stipulations;  if  you  want 
to  reenter  into  the  principles  of  conduct  on  both  sides,  that  is  the 
sort  of  distraction  we  don't  want  to  get  into. 

FMLN  CONVERSION  TO  A  POLITICAL  PARTY 

Mr.  Smith.  Since  you  choose  not  to  discuss  the  morality  of  assas- 
sinations and  things  of  that  kind,  since  the  future  of  El  Salvador 
is  a  series  of  blank  pages  waiting  to  be  written,  does  the  FMLN 
renounce  heretofore — forever,  as  is  said  in  the  commission,  "cause 
the  FMLN  to  renounce  forever  all  kinds  of  violence";  does  the 
FMLN  accept  that? 

Mr.  Handal  [through  translator].  I  believe  these  are  known 
facts,  known  deeds. 

Mr.  Smith.  There  is  nothing  wrong  with  reiteration  on  some  of 
these  things. 

Mr.  Handal  [through  translator].  I  think  it  is  known  that  in  ac- 
cordance with  the  Chikobavik  process,  the  FMLN  has  completed  its 
demobilization  and  converted  itself  into  a  political  party.  In  my 
original  exposition,  I  went  into  various  aspects  that  concern  us 
now,  from  now  forward,  that  relate  to  the  democratization  and 
rights  in  our  country. 

Our  concerns  are  centered,  of  course,  on  the  development  of  our 
country — the  economic,  cultural,  political  and  social  development  of 
El  Salvador.  We  really  want  to  leave  behind  the  stage  of  history 
that  meant  so  much  pain  and  suffering  for  the  Salvadoran  people 
for  really  a  whole  century.  The  Truth  Commission  was  charged 
with  investigating  the  past  12  years,  when  really  the  history  of  vio- 


34 

lence  against  civilian  society  in  El  Salvador  has  a  much  longer  his- 
tory, of  decades. 

We,  yes,  have  renounced  the  continuation  of  any  banned  activity 
and  we  are  going  with  or  betting  on  the  process  of  elections  and 
democratization.  The  ideas,  the  concrete  proposals  that  were  put  on 
the  negotiating  table,  were  all  proposals  that  came  from  the 
FMLN. 

DEMOBILIZATION  AND  SURRENDER  OF  WEAPONS 

Mr.  Smith.  I  have  two  final  questions.  There  have  been  reports 
from  some  individuals  that  the  FMLN  did  not  turn  over  all  its 
weaponry  in  the  demobilization.  What  assurances  can  you  give  to 
this  subcommittee  and,  more  importantly,  to  the  U.N.  that  indeed 
the  FMLN  has  truly  demobilized  and  surrendered  all  its  weapons? 

Mr.  Handal  [through  translator].  The  only  arms  that  have  not 
yet  been  destroyed  are  a  group  of  surface-to-air  missiles  that  are 
in  the  hands  of  the  U.N.  Commission  in  El  Salvador.  But  this  is 
perfectly  legal  because  the  destruction  of  the  surface-to-air  missiles 
was  linked  to  the  completion  of  the  process  of  purging  of  the  army. 
And  that  agreement  was  made.  We  believe  that  these  missiles  will 
be  destroyed  soon  now  that  Ponce  has  resigned  and  others  among 
the  15  named  officers,  who  are  pending,  are  starting  to  move  their 
positions. 

As  to  the  rest  of  the  inventory  of  arms,  the  U.N.  at  this  point 
is  satisfied  with  the  inventory  and  the  destruction  of  those  arms. 

EXECUTION  OF  CIVILIAN  MAYORS 

Mr.  Smith.  In  the  Truth  Commission  report  it  is  noted  that  the 
general  command  of  the  FMLN  approved  the  killing  of  civilian 
mayors  and  that  the  Peoples  Revolutionary  Army  was  responsible 
for  killing  a  unknown  number  of  commandants,  of  having  respon- 
sibility for  executions.  One  of  those  cited  is  sitting  right  nere,  if  I 
am  not  mistaken,  Anna  Martinez. 

Do  you  accept  this  report  as  being  valid  and  the  truth  that  you 
were  indeed  part  of  the  execution  of  mayors  in  El  Salvador? 

Ms.  Martinez  [through  translator].  Yes,  I  accept  this  completely, 
including  that  our  leadership,  when  we  found  out  the  Truth  Com- 
mission was  investigating  this  case,  we  wrote  a  letter  ourselves  and 
took  responsibility  for  these  actions. 

Mr.  Smith.  Is  the  number  11  in  terms  of  the  number  of  mayors 
that  have  been  executed  accurate,  because  the  wording  is  "at  least 
11."  I  have  heard  numbers  that  exceed  that;  are  there  others? 

Ms.  Martinez  [through  translator].  In  our  letter  from  EERP,  the 
Peoples  Revolutionary  Army,  we  established  a  number  of  11  that 
we  gave  to  the  Truth  Commission,  11  we  had  killed.  If  there  are 
other  names  that  the  Truth  Commission  heard  evidence  about,  I 
don't  know,  but  there  are  11  that  we  have  taken  responsibility  for. 

Mr.  Smith.  Just  so  I  have  an  understanding — perhaps  nobody 
else  cares,  but  I  would  like  to  know — if  you  would,  in  killing  may- 
ors, what  was  the  rationalization  for  that?  Was  it  to  demoralize  a 
city  or  municipality  or  hamlet,  or  were  they  charged  with  some 
kind  of  crime? 

Now,  if  I  could  add,  the  FMLN  has  agreed  that  democratization 
is  a  good  thing  and  has  agreed  to  want  to  participate  in  the  proc- 


35 

ess,  and  yet  mayors  previously  who  participated  in  democratization 
were  targeted  for  assassination. 

Ms.  Martinez  [through  translator].  As  regarding  the  mayors, 
yes,  we  ask  it  for  demoralization  purposes.  We  laid  out  before  the 
Truth  Commission  what  our  reasoning  was  at  the  time,  which  was 
that  the  mayors  were  playing  a  role  of  political  control  and  playing 
a  role  in  the  counterinsurgency  process. 

The  Truth  Commission,  as  they  told  you,  did  not  accept  this  jus- 
tification and  considered  these  unarmed  civilian  targets. 

Mr.  Handal  [through  translator].  I  may  add  something,  that  in 
the  manuals,  counterinsurgency  manuals  that  the  United  States 
was  using  in  their  work  with  the  Salvadoran  military,  that  the  ad- 
visors were  using  to  advise  the  Salvadoran  military  in 
counterinsurgency  tactics,  the  mayors  were  described  as  playing  a 
key  role.  These  mayors  provided  a  lot  of  intelligence  to  the  El  Sal- 
vador military  and  formed  networks  of  people  to  inform  on  the 
FMLN  and  caused  us  to  lose  many  of  our  people. 

Also  these  mayors  were  charged  with  organizing  civilian  defense 
units,  which  were  armed  groups  that  operated  against  the  FMLN 
and  also  operated  against  civilians  and  caused  many  deaths  and 
damage. 

I  also  want  to  point  out  that  not  all  the  mayors  accepted  this 
role.  The  FMLN  asked  the  mayors  not  to  play  this  role  and  asked 
them  to  leave  the  FMLN  areas  of  control.  The  great  majority  did 
so.  Some  of  them  persisted  and  organized  aggressive  actions. 

But  I  repeat  that  we  really  don't  want  to  get  into  questioning  the 
conclusions  of  the  report  of  the  Truth  Commission. 

Mr.  Smith.  But,  again,  as  Ms.  Martinez  pointed  out,  the  Truth 
Commission  rejected  that  line  of  reasoning  in  relation  to  the  may- 
ors. 

Mr.  Torricelli.  Mr.  Royce. 

U.N.  CRITICISM  OF  FMLN  ON  DESTROYING  OF  WEAPONS 

Mr.  Royce.  If  you  can  illuminate  one  point  for  me:  Last  month 
the  U.N.  Secretary  General  criticized  both  the  government  in  terms 
of  compliance  and  the  FMLN,  specifically  criticized  you  on  the 
issue  of  disarming  and  destroying  weapons. 

Now,  if  I  understand  you  correctly,  the  only  weapons  you  have 
not  destroyed  are  the  surface-to-air  missiles.  Is  that  what  the  U.N. 
Secretary  General  meant  in  his  criticism?  Is  that  the  only  source 
of  arms  that  he  is  referring  to  when  he  says  you  have  not  complied 
with  the  agreement? 

Mr.  Handal  [through  translator].  The  Secretary  General,  first  of 
all,  made  his  request  to  the  FMLN  at  the  beginning  of  February. 
And  we  have  completed  destruction  of  the  arms  that  he  was  refer- 
ring to.  He  was  referring  to  arms  that  were  already  under  the  con- 
trol of  the  U.N.  in  containers.  This  process  of  destruction  was  con- 
cluded about  10  or  12  days  after  his  remarks;  and  the  U.N.  made 
a  declaration  at  that  time  that,  yes,  the  arms  that  the  Secretary 
Genera]  had  wanted  destroyed  were  completely  destroyed  at  that 
time. 

Mr.  ROYCE.  Thank  you,  Mr.  Chairman. 


36 

OBSTACLES  TO  THE  POLITICAL  PROCESS 

Mr.  Torricelli.  Just  a  few  other  thoughts,  if  I  could.  Are  there 
any  current  obstacles  to  the  formation  of  the  political  party  and  the 
reintroduction  of  the  political  process,  of  a  significant  nature,  that 
you  believe  pose  serious  problems? 

Mr.  Handal  [through  translator].  In  reference  to  the  political 
party,  it  was  delayed;  but  now,  yes,  the  FMLN  has  been  recog- 
nized, legalized  as  a  political  party. 

Mr.  Torricelli.  In  all  the  things  necessary  to  establish  your- 
selves, you  have  not  encountered  any  obstacles  so  far? 

Mr.  Handal  [through  translator].  I  could  refer  to  a  whole  series 
of  obstacles,  yes,  that  were  placed  in  our  way  in  the  process  of  le- 
galizing, but  they  were  all  finally  overcome.  Once  in  a  while  there 
are  incidents,  but  it  is  not  a  generalized  pattern,  so  we  don't 
present  any  demands  on  this  point. 

But  in  reference  to  the  programs  for  the  reintegration  of  our  ex- 
combatants  into  civilian  life,  yes,  there  are  serious  obstacles. 

ISSUE  OF  GOVERNMENT  COOPERATION  FOR  SAFETY  AND 

REINTEGRATION 

Mr.  Torricelli.  That  is  my  next  question,  the  seriousness  of 
safety  issues  about  both  your  leadership  and  those  that  are  coming 
back  from  their  military  service  into  civilian  society.  The  nature  of 
my  question  is  the  cooperation  that  you  are  getting  from  the  gov- 
ernment in  helping  to  ensure  their  safety  and  the  kind  and  fre- 
quency of  incidents. 

Mr.  Handal  [through  translator].  In  the  peace  accords,  it  was  es- 
tablished that  the  Government  of  El  Salvador  had  a  commitment 
to  provide  security  for  the  leadership  of  the  FMLN.  But  in  practice 
it  was  one  of  the  accords  most  difficult  to  implement. 

And  in  this  process  there  have  been  advances,  there  have  been 
regressions  and  more  advances.  It  would  take  a  lot  of  time  to  give 
you  all  the  details  of  what  are  the  various  kinds  of  obstacles  or  that 
have  been  placed  by  the  government  in  complying  with  this  or  es- 
caping this  responsibility. 

Mr.  TORRICELLI.  I  am  trying  to  identify  problems.  Obviously,  this 
is  a  continuing  one. 

Mr.  Handal  [through  translator].  Even  today  there  is  not  a  law 
that  has  been  passed  in  this  regard,  to  cover  not  just  FMLN  leader- 
ship but  the  problem  of  security  for  all  people  who  are  at  high  secu- 
rity risk.  It  was  agreed  to  have  such  a  law  and  that  has  not  hap- 
pened. 

For  us,  what  is  more  similar  is  what  is  happening  to  the  process 
of  reintegration  of  our  ex-combatants.  We  are  talking  about  pro- 
grams for  training,  for  transfers  of  land,  for  scholarships  and  for 
credit. 

Mr.  Torricelli.  In  your  judgment,  has  this  been  a  question  of 
a  failure  of  goodwill  or  just  the  practical  problems  of  implementa- 
tion? 

Mr.  Handal  [through  translator].  Both. 


37 

DEMOBILIZATION  AND  REDUCTION  OF  ARMY 

Mr.  Torricelli.  The  pace  of  the  army's  demobilization,  give  me 
your  sense  of  how  satisfied  you  are  or  now  much  they  may  be  off 
the  pace  that  is  required? 

Mr.  Handal  [through  translator].  On  the  reduction  of  the  armed 
forces,  this  is  how  things  have  gone:  Despite  the  fact  that  in  the 
peace  accords  it  was  stipulated  that  the  plan  for  reducing  our 
armed  forces  should  be  made  known  to  the  FMLN,  there  have  been 
all  kinds  of  impediments  to  our  knowledge  of  this  plan. 

We  did  know  the  general  parameters  of  the  reduction  plan.  We 
knew  that  the  armed  forces  said  it  had  63,000  members  at  the  end 
of  the  war  and  that  the  plan  was  to  reduce  this  to  31,000. 

Mr.  Torricelli.  Is  it  your  impression  that  this  is  an  acceptable 
pace  of  reduction? 

Mr.  Handal  [through  translator].  Yes,  I  was  going  to  refer  to 
what  you  are  asking  about.  There  was  planned  a  50  percent  reduc- 
tion, but  it  was  not — one  of  the  problems  was  that  it  was  not  pos- 
sible for  anyone,  including  the  U.N.,  to  verify  if  there  were  really 
63,000  armed  forces  members  at  the  end  of  the  war.  So  the  calcula- 
tion of  the  50  percent  reduction  isn't  solid  or  clear. 

Another  aspect  of  this  is  that  before  the  possibility  that  the  U.S. 
Congress  would  withhold  funds  for  noncompliance  with  the  purging 
of  the  armed  forces  accelerated  the  process  of  reduction,  so  that 
they  would  have  some  funds  available,  also  there  was  an  accord 
that  was  established  that  there  was  to  be  a  collection  of  all  arms 
that  belonged  to  the  armed  forces,  but  were  in  the  hands  of  private 
citizens. 

Mr.  Torricelli.  How  was  that  done? 

Mr.  Handal  [through  translator].  There  are  thousands  of  these 
arms.  That  has  not  been  complied  with. 

U.S.  MILITARY  AID  TO  EL  SALVADOR 

Mr.  Torricelli.  At  all?  The  argument  has  been  made  that  there 
is  a  justification  for  some  American  military  systems  for  the  Salva- 
doran  Army  because  of  the  cost  of  demobilization  and  of  monitoring 
the  cease-fire.  Do  you  accept  this  as  a  valid  rationale? 

Mr.  Handal  [through  translator].  The  monitoring  of  the  cease- 
fire is  the  job  of  the  United  Nations,  not  of  the  armed  forces,  so 
we  don't  accept  the  argument  for  military  aid.  We  believe  U.S.  mili- 
tary aid  should  be  conditioned  on  full  compliance  with  the  peace  ac- 
cords. 

Mr.  Torricelli.  We  all  agree  to  that,  but  do  you  accept  that 
there  is  a  rationale  for  any  American  military  assistance  to  El  Sal- 
vador? Do  you  oppose  it,  even  if  there  is  full  compliance? 

Mr.  Handal  [through  translator].  We  do  not  completely  oppose 
military  aid. 

INTERNATIONAL  OBSERVATION  OF  ELECTIONS 

Mr.  Torricelli.  I  assume  you  have  a  position  in  favor  of  there 
being  international  observers  in  the  next  elections  in  El  Salvador? 

Mr.  Handal  [through  translator].  Yes. 

Mr.  Torricelli.  Do  you  have  a  favorite  organization  or  structure 
of  how  you  think  this  should  be  done? 


38 

Mr.  Handal  [through  translator].  Yes.  Of  course,  we  favor  inter- 
national observation  of  the  elections.  We  have  favored  the  U.N.  as 
the  monitoring  organization  and  the  Government  of  El  Salvador 
now  has  accepted  that  as  well. 

FAIR  ACCESS  TO  MEDIA 

Mr.  Torricelli.  Are  you  gaining  a  fair  access  to  the  media,  espe- 
cially the  government  media,  now  with  your  reentry  into  the  politi- 
cal process? 

Mr.  Handal  [through  translator].  We  are,  yes,  participating  in 
the  press  with  some  frequency,  but  of  course  there  is  a  great  imbal- 
ance. We  did  demand,  for  that  reason,  our  own  means  of  commu- 
nication, and  we  did  have  two  radios  approved  and  a  third  author- 
ized. 

Mr.  Torricelli.  Are  they  operating? 

Mr.  Handal  [through  translator].  Yes,  the  two  are  operating. 

Mr.  Torricelli.  The  government  television,  are  you  getting  fair 
treatment  as  far  as  access  to  television? 

Mr.  Handal  [through  translator].  In  some  more  than  others,  but 
yes,  we  have  some  space. 

We  were  also  thinking  of  creating  a  corporation  that  would  incor- 
porate all  means  of  communication  the  government  controls,  and 
wanted  to  assure  them  that  the  corporation  will  give  access  to  all 
the  political  parties,  but  that  was  not  achieved.  This  is  pending,  a 
bill  about  this. 

Mr.  Torricelli.  I  have  been  in  electoral  politics  most  of  my  life. 
That  is  as  close  as  I  have  ever  heard  of  a  political  figure  thinking 
he  was  getting  fair  press. 

ADMniATION  FOR  ENDING  CONFLICT  IN  EL  SALVADOR 

Your  presence  here  today  has  been  very  helpful.  Despite  the 
years  and  the  terrible  conflict  that  has  separated  us,  I  want  to 
make  it  clear,  for  my  own  part,  how  much  I  admire  that  despite 
all  the  suffering  and  all  that  we  have  seen  in  your  country,  that 
you  were  able  to  play  a  critical  role  in  bringing  this  conflict  to  an 
end. 

It  is  a  special  leadership  that  can  lead  their  soldiers  to  lay  down 
their  arms  and  take  up  the  cause  of  electoral  politics  again.  My  ad- 
miration for  President  Christiani,  I  think,  is  well-known;  but  I  ad- 
mire as  well  the  role  you  have  all  been  able  to  play  in  the  history 
of  your  country. 

I  thank  you  for  being  with  us  today.  I  hope  it  is  not  the  last  op- 
portunity. 

Thank  you  for  being  with  us  today. 

[Whereupon,  at  5:34  p.m.,  the  subcommittee  was  adjourned.] 


THE  PEACE  PROCESS  IN  EL  SALVADOR, 

PART  II 


TUESDAY,  MARCH  23,  1993 

House  of  Representatives, 
Committee  on  Foreign  Affairs, 
Subcommittee  on  Western  Hemisphere  Affairs, 

Washington,  DC. 

The  subcommittee  met,  pursuant  to  call,  at  3  p.m.  in  room  2172, 
Rayburn  House  Office  Building,  Hon.  Albert  Russell  Wynn,  presid- 
ing. 

Mr.  Wynn.  Good  afternoon,  ladies  and  gentlemen.  At  this  time 
we  will  begin  the  hearing.  My  name  is  Albert  Wynn.  I  have  the 
honor  of  standing  in  for  our  subcommittee  chairman,  Congressman 
Torricelli.  The  Congressman  has  prepared  an  opening  statement 
which  will  be  submitted  for  the  record.  It  will  be  made  part  of  the 
permanent  record. 

[The  prepared  statement  of  Chairman  Torricelli  appears  in  the 
appendix.] 

Before  we  begin,  I  would  like  to  recognize  the  presence  in  the  au- 
dience of  the  Ambassador  of  El  Salvador.  We  are  certainly  de- 
lighted to  have  you  with  us. 

Since  Mr.  Torricelli  will  not  be  making  an  opening  statement  at 
this  time,  I  would  like  to  recognize  Congressman  Smith. 

Mr.  Smith.  Thank  you  very  much,  Mr.  Chairman.  I  appreciate 
this  opportunity  to  hear  from  the  General  Accounting  Office  re- 
garding their  analysis  of  reconstruction  projects  in  El  Salvador. 

I  also  want  to  welcome  Cheryl  Morden  of  Church  World  Service 
and  Lutheran  World  Relief  who  recently  returned  from  El  Sal- 
vador. 

SIGNING  OF  PEACE  ACCORDS  TO  LEAD  TO  REBUILDING  OF  EL 

SALVADOR 

The  signing  of  the  peace  accords  on  January  16,  1992  was  his- 
toric, Mr.  Chairman.  While  the  accords  were  the  prerequisite  for 
rebuilding  Salvadoran  society,  they  provided  the  framework  where- 
by the  country  can  be  rebuilt.  This  reconstruction  requires  daily 
commitment  from  all  levels — the  elected  officials  in  the  Govern- 
ment, the  ex-combatants,  the  FMLN,  churches,  community  groups, 
nongovernment  organizations  and  families. 

Rebuilding  society  is  always  a  tedious  and  arduous  process  most 
successful  when  generated  from  its  core.  The  Salvadoran  people 
themselves  are  best  suited  for  restructuring  and  rebuilding  their 
land.  Yet,  foreign  groups  and  assistance  from  foreign  governments 
can  help  provide  the  seed  money,  technical  assistance,  and  more 

(39) 


40 

suitable  financial  commitment  to  long-term  projects  and  moral  sup- 
port needed  to  succeed. 

Certainly,  the  United  States  has  made  a  substantial  financial 
commitment  to  reconstruction  in  postwar  El  Salvador.  Reconstruc- 
tion of  the  infrastructure,  the  reintegration  of  ex-combatants  from 
both  sides  of  the  conflict,  shoring  up  the  fragile  democratic  tradi- 
tion and  developing  viable  indigenous  organizations  are  all  part  of 
the  mix  to  which  the  United  States  is  committed.  We  must  now 
find  ways  to  encourage  other  governments  to  fulfill  their  commit- 
ment made  to  the  Salvadoran  people.  I  am  hopeful,  for  the  sake  of 
the  Salvadorans,  that  the  upcoming  donors'  conference  will  result 
in  real  assistance,  not  just  promises. 

I  commend  the  GAO  for  its  investigation  and  the  effectiveness  of 
current  projects.  Mr.  Chairman,  I  trust  the  final  report  of  the  GAO, 
as  well  as  hearings  such  as  this,  will  positively  contribute  to  the 
reconstruction  of  El  Salvador,  and  I  look  forward  to  hearing  our 
witnesses  today. 

Mr.  Wynn.  Thank  you,  Mr.  Smith. 

Mr.  Ballenger. 

GENERAL  PONCE 

Mr.  Ballenger.  Thank  you,  Mr.  Chairman.  Those  of  you  that 
were  here  last  week  remember  the  hearing  we  had  regarding  the 
U.N.  Truth  Commission  report  on  El  Salvador.  This  past  weekend 
my  wife  and  I  visited  El  Salvador  and  Nicaragua.  During  our  brief 
visit,  we  met  with  President  Alfredo  Cristiani  and  General  Ponce 
to  discuss  the  Commission's  findings.  Our  first  meeting  was  with 
General  Ponce,  a  friend  of  mine  for  many  years.  He  swore  to  me 
on  a  Bible  he  did  not  order  the  killing  of  the  six  Jesuit  priests  in 
November  of  1989. 

He  proceeded  to  explain,  and  was  later  confirmed  by  President 
Cristiani,  that  he  was  a  pronounced  enemy  of  General  Bustillo.  He, 
as  you  may  know,  is  a  member  of  the  group  of  five  military  officers 
who  have  been  accused  of  being  the  leaders  of  the  assassination. 
Since  Bustillo  and  Ponce  hardly  speak  to  one  another,  they  cer- 
tainly would  not  have  collaborated  with  each  other  regarding  the 
murders. 

As  you  may  recall,  last  week  I  asked  the  Truth  Commission  to 
name  the  accusers  in  the  murder  of  the  priests.  The  commissioners, 
however,  refused  to  identify  the  persons  for  reasons  of  security.  For 
all  I  know,  the  accuser  could  have  been  General  Bustillo. 

The  peaceful  transition  and  implementation  of  the  unilateral 
peace  accords  and  the  reduction  of  the  military  was  largely  the  re- 
sponsibility of  General  Ponce  and  his  office.  Without  his  commit- 
ment and  diligence  for  peace,  it  may  have  failed. 

Ponce  is  a  highly  respected  member  of  the  El  Salvadoran  Army 
and  is  widely  regarded  as  a  friend  of  the  people.  Due  to  the  recent 
accusations  relating  to  the  Truth  Commission  report,  however, 
Ponce  offered  his  resignation  as  a  general  in  the  army  a  week  ago 
before  the  report  was  released.  He  resigned  not  as  an  admittance 
of  guilt,  but  out  of  respect  for  Cristiani  and  the  citizens  of  El  Sal- 
vador. 


41 
PRESIDENT  CRISTIANI'S  CONCERNS  WITH  TRUTH  COMMISSION  REPORT 

Our  second  meeting  in  El  Salvador  was  with  President  Cristiani. 
He  was  very  concerned  about  several  points  made  by  the  Truth 
Commission.  The  constitution,  with  its  currently  realigned  judicial 
system,  states  the  President  cannot  remove  judicial  appointees 
which  have  not  been  convicted  of  a  crime,  even  though  the  Com- 
mission requests  new  appointments.  And  besides,  new  judges  will 
be  elected  in  1994. 

The  U.N.  has  proposed  restricting  individuals  who  have  been  re- 
moved from  office  from  running  for  public  office  for  10  years.  This 
destroys  a  guaranteed  constitutional  right  of  every  citizen  of  El 
Salvador.  Obviously,  the  U.N.  doesn't  have  the  authority  to  remove 
this  right. 

The  Truth  Commission  stated  amnesty  should  not  be  allowed, 
but  the  Geneva  Convention,  which  El  Salvador  signed  in  1949, 
mandates  amnesty  must  comply  with  the  accords. 

President  Cristiani  has  publicly  commended  the  Truth  Commis- 
sion for  its  hard  work,  but  has  questioned  the  final  conclusion  of 
the  report.  He  feels  that  it  is  unbalanced  and  heavily  weighted 
against  the  military.  Even  the  FMLN,  said  the  report  was  unbal- 
anced. 

JUDICIAL  SYSTEM  DENYING  ACCUSED  RIGHT  OF  DEFENSE 

In  any  judicial  system,  in  any  country,  the  accused  has  a  right 
to  face  his  accuser.  In  El  Salvador,  General  Ponce  has  been  denied 
that  right.  It  is  not  right  to  degrade  and  denounce  any  person  with- 
out themselves  having  the  opportunity  to  respond  and  defend 
themselves. 

I  find  it  perplexing  and  completely  unfair  to  accuse  a  person  of 
murder  and  have  it  accepted  as  truth  by  the  Commission,  the  na- 
tional television,  and  the  international  press.  It  has  always  been 
my  understanding,  in  accordance  with  the  Geneva  Convention,  that 
someone  is  innocent  until  proven  guilty  by  a  court  of  law. 

Thank  you,  Mr.  Chairman. 

Mr.  Wynn.  Thank  you,  Mr.  Ballenger. 

If  there  are  no  further  opening  statements,  we  will  move  right 
on  to  the  testimony. 

Mr.  Wynn.  We  are  delighted,  as  we  begin  to  focus  on  the  recon- 
struction of  El  Salvador,  to  have  with  us  this  afternoon  Mr.  Harold 
Johnson  of  the  U.S.  Government  Accounting  Office.  He  is  accom- 
panied by  Ms.  Nancy  Toolan  and  Mr.  Daniel  Ranta. 

Mr.  Johnson,  please  feel  free  to  proceed. 

STATEMENT  OF  HAROLD  JOHNSON,  DIRECTOR,  INTER- 
NATIONAL AFFAIRS,  NATIONAL  SECURITY  AND  INTER- 
NATIONAL AFFAIRS  DIVISION,  U.S.  GOVERNMENT  ACCOUNT- 
ING OFFICE,  ACCOMPANIED  BY  NANCY  T.  TOOLAN  AND  DAN- 
IEL E.  RANTA 

Mr.  Johnson.  We  are  pleased  to  be  here  today  to  discus's  the 
work  that  we  have  undertaken  in  El  Salvador  at  the  chairman's  re- 
quest. Our  work  is  still  ongoing.  We  have  made  a  couple  of  trips 
to  El  Salvador,  late  last  fall  and  again  earlier  this  year.  We  expect 


42 

to  report  more  formally  on  the  results  of  that  work  later  on  this 
summer. 

I  have  submitted  a  fairly  lengthy  statement  for  the  record,  so 
with  your  permission,  I  will  briefly  summarize  our  observations. 

PROGRESS  TOWARD  PEACE  MADE  IN  JUST  OVER  ONE  YEAR 

I  think  it  is  extremely  important  that  we  keep  in  mind  that  it 
has  been  only  a  little  over  one  year  since  the  United  Nations-spon- 
sored peace  agreement  in  El  Salvador  was  signed  after  12  years  of 
bitter  civil  war.  The  reconstruction  program  is  in  its  early  stages, 
and  while  there  have  been  problems  and  disagreements  along  the 
way,  progress  toward  peace  and  economic  reconstruction  has  oeen 
made.  The  FMLN  and  the  Government  of  El  Salvador  are  success- 
fully negotiating  the  content  and  implementation  of  the  national 
reconstruction  plan.  NGO's  are  playing  an  increasing  role  in  imple- 
menting social  development.  The  Municipalities  in  Action  Program, 
known  oy  its  Spanish  acronym,  MEA,  has  funded  over  1,000  criti- 
cally needed  projects  at  the  community  level;  and  mayors,  local 
FMLN  and  other  officials,  and  community  residents  we  spoke  with 
were  generally  positive  about  the  program.  Yet,  serious  problems 
continue  to  face  the  Government  and  the  FMLN. 

MONEY  NECESSARY  FOR  RECONSTRUCTION  IS  SHORT 

The  overriding  problem  in  El  Salvador  is  money.  Although  the 
international  donor  community  has  pledged  $800  million  for  recon- 
struction, insufficient  money  has  been  forthcoming,  particularly  for 
areas  such  as  public  safety — the  police  program — and  land  redis- 
tribution that  many  believe  are  critical  to  the  long-term  success  of 
the  political  settlement.  The  FMLN  and  the  Government  were  as- 
sured by  the  United  Nations  that  the  international  donor  commu- 
nity would  help  pay  for  the  cost  of  reconstruction,  but  both  parties 
seemed  to  have  unreasonable  expectations  of  what  could  be  done 
and  when.  In  short,  expectations  for  economic  rehabilitation  gen- 
erated by  the  Peace  Agreement  seem  to  have  outpaced  fiscal  reali- 
ties. The  Peace  Agreement  was  intentionally  ambiguous  with  re- 
gard to  the  reconstruction  plan,  but  allowing  for  the  details  of  the 
plan  to  be  worked  out  at  a  later  date  has  led  to  some  of  the  prob- 
lems being  seen  even  today. 

The  solutions  to  differences  between  the  Government  and  the 
FMLN  on  the  plan's  content  are  being  dealt  with  through  negotia- 
tions and  concessions.  The  result  of  these  negotiations,  however, 
has  been  to  expand  some  programs  to  the  point  that  the  costs  ex- 
ceed the  resources  available  or  anticipated.  Negotiated  solutions 
were  reached  without  consideration  being  given  to  where  the 
money  might  come  from.  For  example,  a  United  Nations-brokered 
settlement  concerning  land  redistribution  more  than  tripled  the  es- 
timated number  of  beneficiaries  to  47,500,  creating  a  shortfall  we 
estimate  of  at  least  $61.7  million  for  land  procurement. 

AID  has  a  higher  estimate  of  the  shortfall.  They  estimate  around 
a  $90  million  shortfall.  Also,  land  is  being  provided  without  suffi- 
cient agricultural  credit,  which  may  cost  another  $71  to  $255  mil- 
lion. The  costs  and  sources  of  funding  for  other  critical  programs, 
like  public  safety,  simply  were  not  thought  through  when  a  com- 
mitment was  made.  For  example,  the  new  national  civilian  police 


43 

force  is  underfunded  by  at  least  $23  million  for  operating  costs  in 
1993  alone,  and  an  estimated  $40  million  is  needed  for  equipment 
and  facilities  in  1993  and  1994,  but  no  funding  source  is  in  sight. 

As  you  know,  the  United  States  has  committed  $250  million  to 
pay  for  immediate  and  longer-term  reconstruction  needs  over  a  5- 
year  period.  This  was  essentially  to  be  front-loaded  to  allow  other 
donors  time  to  provide  funds  they  pledged.  The  problem  now  is  that 
projects'  funding  requirements  exceed  what  the  United  States  has 
to  spend.  The  United  States  is  planning  to  redirect  funds  from 
some  other  planned  reconstruction  activities  to  take  care  of  some 
of  these  unfunded  needs  but  this  has  not  been  enough.  While  the 
results  of  the  upcoming  Consultative  Group  and  European  Commu- 
nity meetings  later  in  April  may  provide  some  additional  resources, 
at  this  point  the  outcome  of  those  meetings  is  rather  uncertain. 

In  the  interests  of  time,  I  would  like  to  comment  on  our  main 
points. 

GOVERNMENT  AND  FMLN  NEGOTIATING  ON  RECONSTRUCTION  PLAN 

Developing  and  maintaining  the  national  reconstruction  plan  has 
proven  to  be  difficult.  The  Government  of  El  Salvador  and  the 
FMLN  have  differed  from  the  start  on  the  content  of  the  plan  and 
how  funds  to  implement  it  would  be  allocated,  but  both  have  been 
flexible  and  willing  to  settle  their  differences  through  negotiation 
on  a  case-by-case  basis.  While  negotiations  have  taken  time  and 
some  target  dates  have  been  missed  and  programs  delayed,  we  do 
not  believe  that  this  has  been  a  significant  barrier  to  the  overall 
reconstruction  efforts.  In  fact,  it  is  apparent  that  both  sides  have 
made  significant  concessions  to  make  the  plan  work. 

As  I  mentioned,  some  critical  programs  are  underfunded,  most 
notably  public  safety  and  land  distribution.  These  are  among  the 
most  contentious  issues  confronting  the  Government  and  the 
FMLN,  "peace-stoppers"  according  to  some  officials  with  whom  we 
spoke.  Costs  for  these  and  other  critical  programs  have  increased 
substantially,  mainly  because  of  new  agreements  made  to  avoid 
breakdowns  in  the  peace  process. 

INTERNATIONAL  DONOR  COMMUNITY  SLOW  TO  RESPOND  TO  APPEALS 

The  El  Salvadoran  Government  hopes  international  donor  assist- 
ance will  make  up  the  shortfall  for  the  public  safety  and  land  dis- 
tribution programs,  but  officials  from  the  United  States,  the  United 
Nations,  and  other  organizations  have  expressed  doubt  that  such 
funding  will  be  provided.  Two  appeals  for  funds  have  gone  out  to 
the  international  donor  community  to  help  fund  the  public  safety 
programs,  but  no  response  was  received.  Little  followup  took  place. 
Except  for  the  European  Community,  donors  have  not  provided  or 
pledged  funds  for  land  redistribution. 

World  Bank  and  U.S.  officials  told  us  that  some  donors  were 
hesitant  to  fund  projects  until  the  El  Salvadoran  Government  and 
the  FMLN  have  demonstrated  their  commitment  to  peace  by  reduc- 
ing or  demobilizing  their  military  forces,  and  World  Bank  officials 
said  that  the  Bank  was  also  hesitant  to  encourage  donors  to  fulfill 
pledges  for  this  same  reason.  Additionally,  according  to  U.S.  offi- 
cials, some  donors  expect  the  United  States  to  fund  highly  visible, 


44 

politically  risky  project,  such  as  public  safety  and  land  redistribu- 
tion. 

ASSESSMENT  OF  IMPLEMENTATION  OF  PROJECTS 

The  National  Reconstruction  Plan  stipulates  that  the  Govern- 
ment will  use  three  means  to  implement  reconstruction  projects: 

(1)  the  Municipalities  in  Action  (MEA)  program; 

(2)nongovernmental  organizations;  and, 

(3)  Government  ministries  and  organizations. 

Some  NGO's  that  were  once  affiliated  with  the  FMLN  have  been 
concerned  that  government  funding  decisions  disproportionately 
favor  the  MEA  and  organizations  that  the  Government  used  during 
the  war. 

Our  assessment  shows  that  as  of  January  1993,  about  28  percent 
of  funds  approved  went  for  NGO  projects,  26  percent  for  MEA 
projects,  and  47  percent  for  central  government  organizations' 
projects.  Our  work  to  date  indicates  that  the  Government  has  allo- 
cated funds  based  on  the  types  of  activity  to  be  provided  and  the 
merits  of  individual  projects,  and  has  not  necessarily  favored  one 
type  of  implementing  entity  over  another  in  its  funding  directions. 

INCREASED  NGO  PARTICIPATION 

We  found  that  over  the  last  6  months  NGO  participation  has  in- 
creased, and  as  factors  that  hindered  earlier  NGO  participation  are 
being  resolved,  the  working  relationship  between  the  Government 
and  NGO  community  has  improved.  For  example,  in  June  1992, 
when  we  first  went  to  El  Salvador,  29  NGO's  were  approved  to  im- 
plement reconstruction  projects  funded  either  directly  or  indirectly 
by  the  Government.  By  February  1993,  45  organizations  had  been 
approved  to  receive  $11.5  million. 

Nonetheless,  few  NGO's  formerly  affiliated  with  the  FMLN  are 
receiving  funds  directly  from  the  Government.  As  of  February  only 
two  NGO's  formerly  affiliated  with  the  FMLN  had  received  funds — 
a  rather  small  amount  of  approximately  $176,000.  However,  17  for- 
merly FMLN-affiliated  NGO's  have  received  about  $2  million  in 
funding  through  subgrants  from  other  NGO's  and  organizations 
that  are  funded  directly  by  the  Government. 

Many  of  the  NGO's  receiving  direct  funding  could  be  considered 
pro-Government,  but  it  should  be  recognized  they  also  had  prior  ex- 
perience delivering  development  assistance  funded  by  the  United 
States  or  El  Salvadoran  Government.  While  one  can  never  be  to- 
tally certain,  we  did  not  find  evidence  that  the  Government's  selec- 
tions were  made  for  political  reasons. 

TOWN  MEETINGS  PROVIDING  FORUM  FOR  MEA  TO  MEET  OBJECTIVES 

The  MEA  program  is  the  main  program  used  to  provide  assist- 
ance and  promote  democratic  processes  at  the  local  level.  However, 
because  of  its  counterinsurgency  role  during  the  war,  its  use  to  de- 
livery postwar  assistance  has  been  viewed  by  some  with  suspicion 
and  distrust.  Critics  have  said  that  it  fails  to  encourage  democratic 
processes  and  is  inefficient  as  a  delivery  system.  However,  officials 
and  residents  in  communities  served  by  MEA  told  us  the  program 
is  meeting  its  objectives.  Open  town  meetings  are  being  held  to  pro- 


45 

vide  a  forum  for  residents  to  discuss  community  needs,  and  from 
February  through  December  1992,  1,066  projects,  valued  at  $11.3 
million  were  implemented  in  the  115  targeted  municipalities. 

In  December  1992,  we  attended  three  town  meetings  and  held 
extensive  discussions  in  another  15  municipalities.  Everyone  we 
spoke  with  generally  had  a  favorable  view  of  MEA  as  a  means  of 
delivering  assistance  and  promoting  democratic  processes.  No  one 
said  or  implied  that  MEA  continued  to  carry  a  negative  image  from 
its  past. 

LAND  REDISTRIBUTION 

Let  me  turn  briefly  now  to  the  problems  associated  with  land  re- 
distribution. As  I  mentioned,  the  land  redistribution  program  is  se- 
verely underfunded.  In  addition,  the  Government  has  been  slow  in 
transferring  land  to  recipients  and  the  recapitalization  of  the  land 
bank  from  loan  repayments  is  doubtful,  and  insufficient  agricul- 
tural credit  is  being  made  available  to  farmers  receiving  land. 

Although  15,000  ex-combatants  were  to  have  received  land  by 
January  1993,  only  about  3,800  had  actually  received  land  as  of 
mid-February  1993.  About  179,000  acres  are  available  to  be  trans- 
ferred, which  would  provide  land  for  about  another  20,000  bene- 
ficiaries. 

Several  factors  have  contributed  to  the  delay.  The  Government 
and  the  FMLN  did  not  agree  on  the  basic  details  of  land  transfer 
until  the  United  Nations  brokered  an  acceptable  land  agreement  in 
1992,  and  negotiations  continue  even  to  this  day  over  the  quality 
of  land  to  be  provided  to  FMLN  beneficiaries.  Also,  the  FMLN  is 
required  to  identify  potential  properties  and  provide  the  Govern- 
ment with  lists  of  beneficiaries,  but  this  has  not  been  completed. 

AGRICULTURAL  CREDIT  COMMITMENTS  ARE  INSUFFICLENT 

Agricultural  credit  might  help  farmers  become  self-sustaining 
and  give  them  the  ability  to  repay  their  loans,  but  the  $34  million 
committed  form  all  sources  satisfies  only  a  small  part  of  agricul- 
tural credit  needs  of  farmers  in  the  targeted  areas.  Based  on  AID 
data  on  the  amount  of  credit  needed  per  acre,  we  estimate  that  be- 
tween $71  and  $255  million  may  be  needed  to  provide  agricultural 
credit  to  the  47,500  land  beneficiaries,  not  including  credit  needed 
by  other  farmers  in  the  former  conflictive  areas  who  did  not  receive 
land  through  the  land  redistribution  program. 

Mr.  Chairman,  this  concludes  my  remarks.  We  will  be  happy  to 
respond  to  questions  from  the  subcommittee. 

[The  prepared  statement  of  Mr.  Johnson  appears  in  the  appen- 
dix.] 

Mr.  Wynn.  Thank  you  very  much,  Mr.  Johnson. 

You  seem  to  indicate  that  the  underfunding  problem  results  from 
two  basic  factors:  one,  high  expectations  resulting  from  negotiation 
and  the  agreements  that  arose  from  those  negotiations;  and  two, 
some  reluctance  on  the  part  of  international  donors. 


46 

LOWERING  UNREALISTIC  EXPECTATIONS 

The  first  question  I  have  is,  what  is  being  done  to  lower  those 
expectations  so  we  can  get — so  the  parties  can  have  a  more  realis- 
tic assessment  of  what  can  be  done? 

Mr.  Johnson.  I  think  some  of  the  agreements  that  have  been  ne- 
gotiated, that  have  increased  the  costs,  were  probably  done  out  of 
necessity  in  order  to  accomplish  the  demobilization;  for  example, 
the  assistance  being  provided  to  the  FMLN  war  wounded,  some  of 
the  household  goods  kits  that  have  been  provided  added  to  the  cost. 
Our  judgment  is  that  those  agreements  were  probably  necessary  in 
order  to  accomplish  the  demobilization. 

It  was  a  very  difficult  process  that  occurred.  As  you  know,  the 
demobilization  didn't  occur  on  schedule  for  some  of  those  reasons. 
So  I  think  it  is  probably  inevitable  there  will  be  some  shifts  in 
funding. 

PLEDGED  FUNDS  HAVE  NOT  BEEN  FORTHCOMING 

With  respect  to  the  problem  that  the  Government  has  had  in  re- 
ceiving monies  that  have  been  pledged  from  other  donors,  we  have 
been  told  on  a  number  of  occasions  that  both  our  Government,  as 
well  as  the  U.N.  and  the  World  Bank,  have  been  rather  ineffective 
in  pursuing  this  particular  issue.  We  recognize  that  some  of  the 
pledges  that  were  made  were  intended  to  come  later  on,  and  that 
was  the  reason  for  the  frontloading  of  the  U.S.  program;  but  the 
best  we  can  tell  at  this  moment,  very  little  of  the  additional  monies 
that  had  been  pledged  have  been  forthcoming. 

Mr.  Wynn.  What  is  the  status  of  our  commitment  at  this  point? 

Mr.  Johnson.  Nancy,  can  you  speak  to  that? 

Ms.  TOOLAN.  Are  you  talking  about  in  terms  of  obligations? 

Mr.  Wynn.  Yes.  If  we  are  doing  the  frontloading,  where  are  we 
in  that  process? 

Ms.  Toolan.  The  latest  data  I  got  from  AID  showed  that  almost 
$115  million  of  the  $250  million  we  plan  to  provide  had  been  obli- 
gated to  the  Government  of  El  Salvador  as  of  March  9,  1993. 

INTERNATIONAL  DONORS  RELUCTANT  TO  PROVIDE  AID  WITHOUT 
COMMITMENT  TO  RECONSTRUCTION 

Mr.  Wynn.  You  indicated,  Mr.  Johnson,  that  the  donors  were  im- 
posing conditions  or  suggesting  conditions  such  as  a  reduction  in 
arsenals  as  a  condition  for  meeting  their  obligations. 

Are  there  any  suggestions — do  you  have  any  suggestions,  rather, 
with  respect  to  getting  them  to  move  forward,  since  we  have  begun 
to  meet  our  obligations? 

Mr.  Johnson.  Well,  I  didn't  mean  to  suggest  necessarily  those 
were  formal  conditions  that  were  placed.  I  don't  believe  that  the 
agreements  have  been  signed  that  would  place  formal,  specific  con- 
ditions. 

What  I  indicated  was  that  they  generally  have  been  reluctant  to 
provide  the  money  until  they  see  a  firm  commitment.  I  think  that 
firm  commitment  has  been  demonstrated.  That  is  a  view  based  on 
the  work  that  we  have  done;  but  clearly,  it  seems  to  us  that  more 
could  be  done  both  by  our  State  Department  as  well  as  the  Treas- 


47 

ury  Department  officials  to  encourage  other  donors  to  move  more 
rapidly  on  their  donations. 

For  instance,  the  World  Bank  that  chaired  the  March  meeting, 
donors'  conference,  still  has  provided  no  new  money;  and  it  is  our 
understanding  that  the  structural  adjustment  loan  that  was  ini- 
tially intended  to  be  disbursed  during  1992  will  now  not  be  dis- 
bursed, at  the  earliest,  until  September  of  1993,  and  possibly  later 
depending  upon  the  outcome  of  the  election  in  1994. 

So  it  is  a  little  premature  for  us  to  make  firm,  specific  rec- 
ommendations on  what  ought  to  be  done;  but  it  just  seems  to  us 
that  more  could  be  done  by  our  Government  officials  to  encourage 
others  to  come  forward  with  funding. 

PUBLIC  SAFETY  AND  LAND  REDISTRIBUTION  PROGRAMS  CRUCIAL 

Mr.  Wynn.  Thank  you. 

One  final  question:  Given  what  you  have  just  said,  are  we  in 
danger  of  a  deterioration  of  the  peace  process  as  a  result  of  these 
shortfalls  in  funding? 

Mr.  Johnson.  As  I  indicated  in  my  summary  remarks,  people 
have  told  us  that  the  two  programs  that  are  critical  to  the  peace 
process — the  public  safety,  the  civilian  national  police  and  the  po- 
lice academy,  as  well  as  land  redistribution  are,  in  their  terms, 
peace-stoppers.  Now,  people  that  have  been  watching  El  Salvador 
for  a  very  long  time  have  told  us — and  I  respect  their  judgment — 
that  it  is  very  clear  that  the  FMLN  had  a  strong  concern  about 
public  safety  during  the  negotiation  process  for  the  peace  accords. 

If  the  national  civilian  police  force  fails  to  take  root  and  be  imple- 
mented, I  think  there  may  be  serious  repercussions.  Similarly,  with 
the  issue  of  land  redistribution.  That  was  one  of  the  root  causes  of 
the  conflict  in  the  first  place.  Good  faith  has  been  demonstrated  on 
both  sides.  That  good  faith,  it  seems  to  us,  needs  support  from  the 
world  community. 

Mr.  Wynn.  Do  you  have  a  timeframe  in  terms  of  when  this  prob- 
lem might  really  come  to  the  forefront? 

Mr.  Johnson.  I  don't  have  an  exact  timeframe,  but  with  the  pub- 
lic safety  program,  timing  is  rather  critical.  As  I  indicated,  they  are 
short  of  operating  funds  for  1993.  They  are  short  of  equipment. 

We  did  a  quick  study  last  fall  of  whether  or  not  some  of  the 
equipment — handguns,  vehicles,  et  cetera — that  have  been  provided 
through  our  military  assistance  program  might  be  made  available 
to  the  civilian  national  police.  What  we  found  is,  there  is  very  little 
of  that  type  of  equipment  available;  most  is  in  rather  poor  condi- 
tion. 

To  send  a  police  force  out  to  do  a  job  in  a  country  with  the  kind 
of  history  El  Salvador  has  had — a  force  that  is  poorly  paid,  has  no 
equipment,  few  vehicles,  no  radios,  no  basic  kind  of  law  enforce- 
ment equipment,  I  think  is  probably  a  high  risk  and  ought  to  be 
looked  at  fairly  quickly. 

Mr.  Wynn.  Thank  you,  Mr.  Johnson. 

Mr.  Smith. 

POLICE  ACADEMY  GRADUATES  600  NEW  RECRUITS  TOWARD  GOAL  OF 

10,000 

Mr.  SMITH.  Thank  you  very  much,  Mr.  Chairman. 


48 

Mr.  Johnson,  in  followup  to  that  question,  you  pointed  out  600 
police  recruits  have  been  graduated? 

Mr.  Johnson.  Yes. 

Mr.  Smith.  What  has  happened  to  them?  How  quickly  does  one 
go  through  that  academy  and  achieve  graduation? 

Mr.  Johnson.  We  understand  that  the  graduation  took  place 
subsequent  to  our  visit  in  El  Salvador,  but  we  did  followup  with 
the  officials  here  in  Washington  on  that  matter.  We  understand 
that  the  600  have  been  deployed.  We  also  understand  that  there 
was  a  strong  reaction  at  graduation  time  when  some  U.S.  officials 
were  at  the  police  academy,  and  the  concern  was  that  they  are  so 
poorly  paid  and  lack  equipment. 

I  don't  know  that  we  have  specific  information  about  where  they 
are  deployed,  but  our  understanding  is  that  they  are  operational. 

Mr.  Smith.  How  many  more  are  up  and  coming? 

Mr.  Johnson.  You  asked  about  the  length  of  the  session.  I  think 
the  sessions  are  about  3  months  long,  but  I  would  have  to  check 
that. 

There  are  continuing  follow-on  classes  of  330  people,  300  or  330 
people;  and  they  will  be  continuing  over  a  period  of  time.  The  goal 
is  to  have,  within  2  years,  5,700  policemen  trained;  and  within  5 
years,  to  have  a  full  10,000  force. 

Mr.  Smith.  Is  10,000  the  goal? 

Mr.  Johnson.  Ten  thousand  is  the  goal,  yes,  sir. 

LISTING  OF  DONOR  PLEDGES  TO  RECONSTRUCTION  OF  EL  SALVADOR 

Mr.  Smith.  You  point  out  that  only  three  donors  have  provided 
money  for  police  and  academy  activities:  The  United  States  has 
provided  $20  million;  Spain,  $1  million,  and  Norway,  $350,000.  Do 
you  have  a  list  of  other  prospective  donors? 

Mr.  Johnson.  There  are  no  other  prospective  donors. 

I  misspoke  earlier.  The  training  course  is  6  months. 

Mr.  Smith.  The  $800  million  that  has  been  offered  up  in 
pledges — is  that  correct? 

Mr.  Johnson.  Yes,  sir. 

Mr.  Smith.  Do  we  have  a  listing  of  those  nations,  how  much  they 
have  pledged? 

Mr.  Johnson.  Yes,  we  do.  We  can  supply  that  for  the  record. 

[The  information  appears  in  the  appendix.] 

PLEDGES  NOT  FORTHCOMING 

It  is  a  little  difficult  to  get  firm  figures  on  how  much  has  been 
forthcoming  from  that,  but  as  best  we  can  tell,  the  documentation 
we  have  seen  indicates  that  very  little  has  been  forthcoming.  As  I 
indicated  earlier,  it  was  intended,  when  they  made  the  pledges, 
that  there  would  be  some  delay.  From  what  we  have  been  told, 
some  other  donors  have  more  lengthy  bureaucratic  processes  for 
getting  funds  out,  even  than  the  United  States,  that  we  are  fairly 
fast  in  responding  with  money. 

Mr.  Smith.  Does  the  U.N.  have  the  expectation  this  money  will 
be  forthcoming,  or  is  it  a  sense  that  with  all  the  other  crises  and 
trouble  spots  around  the  world,  there  is  a — you  know — a  reluctance 
on  the  part  of  the  donors  to  fulfill  their  pledges? 


49 

Mr.  Johnson.  I  think  the  expectation  still  is  that  the  funds  will 
be  forthcoming  and  additional  funds  will  be  pledged  at  the  Paris 
Conference,  I  believe,  the  first  of  April.  But  there  is  a  concern 
about  the  draw  on  the  world  donor  community;  there  are  a  lot  of 
other  crises  going  on  around  the  world  at  the  moment. 

Mr.  Smith.  Did  you  get  the  sense  there  needs  to  be  a  bridge  do- 
nation made  from  this  country,  just  so  we  do  not  see  a  collapse  of — 
as  my  friend  pointed  out  a  moment  ago — this  peace  process  could 
become  unraveled? 

Mr.  Johnson.  I  don't  think  we  have  gotten  to  that  point  in  our 
evaluation.  It  appears,  in  looking  at  the  numbers — and  I  indicated 
that  AID  has  shifted  money  from  programs  that  were  initially  tar- 
geted to  make  up  for  the  stopgap.  I  think  there  is  probably  still 
some  flexibility  in  that.  We  have  not  completed  our  evaluation  of 
that  matter. 

fairness  by  salvadoran  government  found  by  gao 

Mr.  Smith.  In  reading  your  testimony  last  night,  I  came  away 
with  the  sense  that  in  terms  of  political  will  and  intent,  notwith- 
standing the  serious  shortfalls  in  funding  by  the  international  do- 
nors, this  is  one  of  the  cleanest  bills  of  health  I  have  seen  in  a  GAO 
report  with  regards  to  the  Government  and  those  participating  in 
terms  of  intent. 

As  you  pointed  out,  the  FMLN — while  the  case  has  been  made 
at  times,  or  the  criticism  lodged,  that  their  NGO's  are  not  getting 
sufficient  funding,  you  point  out  you  could  not  find  evidence  the 
Government's  selections  were  made  for  political  reasons. 

I  think  that  kind  of  reassurance  from  the  independent-minded 
GAO  helps  the  process,  since  you  have  looked  at  it  independently. 

Mr.  Johnson.  We  tried  to  be  very  careful  with  that  wording. 
Proving  a  negative  is  always  very  difficult.  We  did  not  find  that 
evidence.  But  as  a  caution,  we  also  noted  that  you  will  never  know 
for  sure.  I  think  that  is  something  that  has  to  be  carefully  watched. 

TRUTH  COMMISSION  CHART  ON  MURDERS  AND  DISAPPEARANCES 

Mr.  Smith.  Mr.  Chairman,  I  would  ask  as  a  followup  to  part  one 
of  this  hearing  that  unanimous  consent  be  granted  for  the  record 
that  a  graph  put  together  by  the  Truth  Commission,  showing  the 
number  of  murders  and  disappearances  per  year  in  El  Salvador, 
points  out  the  disappearances  continued  throughout  the  12  years, 
as  we  all  know,  as  well  as  murders. 

The  number  did  decrease  dramatically,  beginning  in  1983  and 
1984,  following  U.S.  involvement  in  training  of  the  military.  I 
would  like  to  make  that  part  of  the  record. 

Mr.  Wynn.  Without  objection. 

[The  information  appears  in  the  appendix.] 

MESSAGE  BY  PRESIDENT  CRISTIANI 

Mr.  Smith.  Also  a  message  by  President  Cristiani  on  March  18, 
1993,  which  I  think  will  help  fill  the  record  with  additional  in- 
sights. 

Mr.  WYNN.  Any  objections  to  the  entry  into  the  record  of  this  ma- 
terial? 


50 

[The  information  appears  in  the  appendix.] 

Mr.  Smith.  Mr.  Chairman,  I  thank  you  for  yielding.  I  yield  back 
the  balance  of  my  time. 

Mr.  Wynn.  Thank  you,  Mr.  Smith. 

Mr.  Menendez. 

Mr.  Menendez.  Thank  you,  Mr.  Chairman. 

BREAKDOWN  OF  $250  MILLION  IN  U.S.  AID 

My  first  question  is,  of  the  $250  million  the  United  States  has 
obligated,  wnat  is  the  breakdown?  For  what  purposes  is  it  to  be 
used? 

Mr.  Johnson.  We  can  give  you  that  in  just  a  second. 

Ms.  Toolan.  What  I  will  tell  you  here  is  the  breakdown  origi- 
nally planned  of  the  $250  million.  Then  if  you  want  to  talk  a  little 
bit  about  how  it  has  been  shifted,  I  can  do  that  also. 

Of  the  $250  million  planned — and  again  the  $250  million  is  com- 
ing from  several  sources — $35  million  comes  from  ongoing  AID 
projects  already  on  the  books  in  AID's  portfolio.  They  are 
redirecting  activities  into  the  115  targeted  municipalities.  Another 
$35  million  is  from  host  country-owned  local  currency;  the  rest  is 
AID's  dollars.  Of  the  $250  million,  $4  million  was  planned  for  what 
they  called  immediate  conflictive  zone  relief;  $8  million  for  ex-com- 
batant assistance;  $157  million  for  social  and  economic  reactivation 
in  those  areas;  $15  million  for  land  transfers,  $10  million  for  pro- 
gram audit,  and  $56  million  for  infrastructure  restoration. 

The  way  we  have  calculated,  since  that  original  plan,  about  $48 
million  has  been  redirected  under  the  $250  million  project  from  one 
activity  to  another. 

Again,  at  the  time  we  were  working  with  AID  in  December,  these 
were  all  planned  and  anticipated  and  not  final  agreements  in  terms 
of  redirections.  So  at  this  point,  the  immediate  conflictive  zone 
amount  is  about  the  same.  It  is  down  to  $3.5  million. 

Mr.  Menendez.  The  first  list  was  the  original  plan  for  the  $250 
million? 

Ms.  Toolan.  Right. 

REPROGRAMMING  OF  AID 

Mr.  Menendez.  These  numbers  are  what,  the  changes  from  that 
original  plan? 

Ms.  Toolan.  The  changes,  right.  The  way  the  original  plan  was, 
that  you  saw,  there  was  the  amount  that  was  for  ex-combatants. 
They  had  specifically  two  activities  planned  for  ex-combatants;  that 
was  social  reintegration  counseling  and  scholarships.  The  rest  of 
the  activities  and  services  available  to  ex-combatants  would  come 
under  another  project  component,  under  the  social  reactivation 
component. 

What  they  have  done  in  terms  of  the  reprogramming  for  ex-com- 
batants is  move  a  lot  of  those  activities  as  they  became  needed  for 
ex-combatants,  as  special  beneficiaries,  up  to  the  ex-combatant 
component.  What  I  did  in  our  calculations  was  to  look  at  the  net 
effect.  In  other  words,  just  because  money  for  vocational  training 
now  is  under  the  ex-combatant  component — it  was  originally  in- 
cluded in  the  social  and  economic  reactivation  component.  I  am 
talking  here  about  net  increases  for  the  different  components. 


51 

As  I  said,  immediate  conflictive  zone,  $3.5  million;  ex-combatant 
assistance,  $15.3  million. 

Mr.  Menendez.  That  is  an  area  of  increase? 

Ms.  Toolan.  Yes,  an  area  of  increase. 

Although,  if  you  look  at  their  project  plans,  you  will  see  about 
$82  million  for  ex-combatants,  but  some  of  that  originally  was  in- 
cluded in  the  other  components.  I  am  talking  here,  net  increase. 

Social  reactivation  is  $85.4  million,  approximately.  That  is  a  de- 
crease. Infrastructure  is  decreasing  down  to  $27  million;  program 
audit  and  management,  $14  million.  For  the  six  activities  that 
were  going  to  be  for  civilians  and  ex-combatants,  when  you  looked 
at  what  was  originally  planned  under  the  social  reactivation  and 
land  transfer  components,  and  how  it  split  out  now,  the  funding  in- 
creased from  $68.6  to  $104.8. 

I  can  provide  a  table  on  this  for  the  record,  if  you  would  like. 

[The  information  appears  in  the  appendix.] 

Mr.  Menendez.  What  about  land  transfers? 

Ms.  Toolan.  Land  transfers,  originally  AID  was  going  to  put  $15 
million  in  for  land  transfers. 

What  has  happened,  they  have  moved  most  of  that  up  under 
their  ex-combatant  assistance.  The  total  AID  contribution  now  is 
about  $50.2  million.  That  is  coming  from — go  ahead. 

BREAKDOWN  OF  EXPENDITURES  OF  U.S.  AID 

Mr.  Menendez.  Of  the  $115  million  you  say  has  actually  been 
obligated,  how  does  that  break  down?  How  have  you  expended  the 
$115  million? 

Ms.  Toolan.  OK  About  $3.7  million  has  been  obligated  for  im- 
mediate assistance;  $16.6  million  for  ex-combatants;  $67.7  million 
for  social  and  economic  reactivation;  $12.3  million  for  land  transfer; 
$10.6  million  for  infrastructure;  and  $4  million  for  program  audit. 

Mr.  Menendez.  What  is  your  $67  million  figure  for? 

Ms.  Toolan.  Social  and  economic  reactivation.  Those  are  pro- 
grams out  in  the  local  community,  basic  civilian  programs. 

Mr.  Menendez.  Now  what  does  the  police  civilian  efforts,  get  cat- 
egorized under? 

Ms.  TooiAN.  That  is  not  included  in  any  of  this.  It  is  not  part 
of  the  $250  million  pledge. 

Mr.  Menendez.  Where  is  that  money  coming  from? 

Ms.  Toolan.  The  $20  million  for  police  was  coming  from  the  de- 
mobilization and  transition  fund  monies,  before  the  remainder  was 
transferred  over  to  AID. 

REASONABLE  SPENDING  OF  U.S.  AID 

Mr.  Menendez.  My  reason  for  asking  for  specific  numbers  is — 
both  the  civilian  police  and  the  land  transfer — two  major  issues 
tied  to  demobilization  and  to  continuing  peace  efforts — are  we 
spending,  first  of  all,  our  monies  in  the  right  way? 

Mr.  Johnson.  I  think  that  AID  needs  to  take  a  look,  and  they 
have  been  continuing  to  look  as  these  needs  arise  to  make  adjust- 
ments to  their  original  plan.  It  seemed  to  us  that  the  allocations 
that  had  been  made  in  the  original  lineup  were  probably  reason- 
able, given  what  they  knew  at  the  time;  but  obviously,  it  was  un- 
known at  the  outset  how  much  would  be  needed  for  land  redis- 


52 

tribution.  That  came  as  a  result  of  the  U.N. -brokered  agreement. 
In  fact,  even  today  there  is  some  uncertainty  about  the  reliability 
of  the  budget  numbers  that  have  been  presented  for  the  police 
force,  as  well  as  the  police  academy.  So  it  is  hard  for  us  to  be  too 
critical  of  AID  for  the  way  they  have  made  those  allocations,  and 
they  are  demonstrating  flexibility  to  move  money  to  where  it  seems 
to  be  needed. 

So  that  is  a  long  response  to  your  question  whether  or  not  they 
made  the  right  choices  in  the  first  place.  But  I  think  they  did. 

Mr.  Menendez.  Well,  my  concern  is  not  so  much  did  they  make 
the  right  choices  in  the  right  place.  There  are  uncertainties  in- 
volved in  making  a  priority  listing,  but  they  have  been  changed. 
You  have  told  me  they  changed  the  figures. 

PRIORITIZING  LAND  TRANSFERS 

Now,  the  figures  have  been  changed  in  such  a  way  that  land 
transfers  are  down  by  a  couple  of  million  dollars.  And  the  point  is: 
if  this  is  one  of  the  major  issues,  are  we  having  the  time  to  see 
what  are  some  of  the  major  stumbling  blocks  toward  ultimately 
achieving  our  goals?  Are  we  spending  our  money  in  the  correct 
way?  Should  not  the  land  transfer  be  heightened  in  terms  of  the 
priority  of  the  dollars  we  are  spending? 

Mr.  Johnson.  Yes.  I  think  it  should. 

Mr.  Menendez.  OK  So  if  that  is  the  case,  then  is  there  some- 
thing in  your  report  that  indicates  that? 

Mr.  Johnson.  Well,  what  our  report  indicates  is  that  for  land 
transfers — initially,  AID  had  only  allocated  I  believe  $15  million. 
They  have  added  to  that  almost  $30  million.  It  is  up  now  to  a  little 
over  $50  million.  So  they  are  moving  the  money. 

Mr.  Menendez.  Maybe  I  didn't  get  the  numbers  right.  You  gave 
me  an  original  $15  million  by  Ms.  Toolan  under  land  transfers  for 
the  original  $250  million  distribution  and  then  gave  me,  under  the 
adjusted  figures,  a  $12.3. 

Ms.  Toolan.  That  was  the  obligation  to  date. 

Mr.  Menendez.  And  then 

Ms.  Toolan.  From  the  $250  million. 

Mr.  Menendez.  What  is  the  change,  then,  from  the  $15  million 
original  under  the  $250  million  plan  to? 

Ms.  Toolan.  The  total  right  now  that  AID  is  dedicating  to  land 
is  $50  million. 

Mr.  RANTA.  It  is  $50.2  million. 

Mr.  Menendez.  Gone  from  $15 

Ms.  Toolan.  But  that  is  coming  from  other  sources  as  well. 

Mr.  Menendez.  When  you  say  other  sources,  what  does  that 
mean? 

Mr.  Ranta.  One  thing  to  help  answer  your  question  Mr. 
Menendez,  just  to  clarify  the  fact  that  the  $15  million  that  was 
originally  to  be  directed  toward  land  transfers  was  to  be  spent  over 
5  years.  So  this  would  surely  indicate  that  by  front-loading,  in 
other  words,  by  spending  $50  million  now,  AID  has  increased  land 
transfer  funding,  showing  the  flexibility  to  increase  its  funding  for 
land  transfers  and  recognizing  that  that  is  a  significant  problem 
now. 


53 

Mr.  Menendez.  You  are  suggesting  that  we  are  going  to  spend 
$15  million  over  5  years — $3  million  a  year? 

Mr.  Ranta.  Yes,  that  was  AID's  original  projection. 

Mr.  Menendez.  Well,  certainly  that  wasn't  a  good  estimate. 

Ms.  Toolan.  Well,  at  the  time 

Mr.  Menendez.  To  believe  that  under  the  FMLN  one  of  their 
major  issues  was  the  land  issue  and  to  believe  that  $3  million  a 
year  was  going  to  make  any  significant  impact  on  our  behalf  and 
fundamental  of  seeking  peace  here,  that  couldn't  have  been  a  good 
estimate.  I  could  have  given  a  better  estimate. 

Mr.  Ranta.  I  would  agree  with  you.  There  are  two  factors  that 
need  to  be  taken  into  consideration.  First,  at  the  time  of  AID's  pro- 
jection, there  was  no  indication  of  the  size  of  the  October  1992  U.N. 
orokered  agreement  that  we  mentioned  earlier,  which  more  than 
tripled  the  number  of  recipients  that  were  going  to  receive  land. 
Second,  AID  had  calculated  early  on  that  the  land  prices  would  be 
significantly  lower  than  they  are  right  now. 

NO  FUNDS  OBLIGATED  YET  BY  OTHER  COUNTRIES 

Mr.  Menendez.  Let  me  just  ask  two  questions,  not  that  I  am 
particularly  satisfied  with  what  I  hear,  but  I  will  pursue  it  at  an- 
other time.  With  reference  to  the  $800 — is  it  $800  million  that 
other  foreign  countries  have  obligated? 

Mr.  Johnson.  Well,  the  $250  million  that  the  United  States 
pledged  is  included  in  the  $800  million. 

Mr.  Menendez.  So  the  $550  million  that  is  foreign  obligated, 
how  much  has  been  actually  obligated  by  foreign  countries? 

Mr.  Johnson.  The  best  we  can  tell,  none. 

Mr.  Menendez.  None.  When  we  talked  about  front-loading,  did 
we  have  any  time  periods  here? 

Mr.  Johnson.  Well,  the  general  time  period  was  over  the  first  2 
years.  It  was  understood  that  AID  money  would  spend  out  more 
rapidly  in  the  first  2  years  and  it  would  probably  take  the  other 
donors  about  that  length  of  time  to  get  geared  up.  " 

Mr.  Menendez.  Two  years  from  the  commencement  of  what  dif- 
ficulty? 

Mr.  Johnson.  Two  years  from  the  time  the  funds  were  pledged, 
which  was  March  of  1992. 

Mr.  Menendez.  So  this  is  the  time  that  we  should  be  seeing 
greater  dollars  come  from  foreign  countries? 

Mr.  Johnson.  Yes. 

PLANS  FOR  FUNDS  FROM  OTHER  SOURCES 

Mr.  Menendez.  Now,  do  we  have  any  hopes  on  whether  those 
funds  are  going  to  be  forthcoming  since  we  are  talking  about  the 
end  of  the  front-loading  period? 

Mr.  Johnson.  Yes.  The  Inter-American  Development  Bank  and 
Japan  are  planning  to  cofinance  a  project  that  has  been  approved, 
a  water  project  and  an  electric  generating  project.  I  believe  the 
total  value  of  that  is  about  $250  million  with  Japan  providing  $80 
million  and  IDB  providing  $170  million. 

Mr.  Menendez.  The  $250  million,  is  that  part  of  this  $550  mil- 
lion that  you  are  referring  to?  Can  I  ask  you  something? 

Mr.  Johnson.  Yes. 


54 

Mr.  Menendez.  If  again  civilian  police  and  land  are  two  major 
issues  for  demobilization  and  peace  efforts,  are  you  telling  the  com- 
mittee that,  as  it  relates  to  the  other  countries,  that  those  are  two 
areas  that  they  do  not  intend  to  participate  in? 

FUNDS  FOR  POLICE  AND  LAND  REDISTRIBUTION 

Mr.  Johnson.  The  pledging  that  occurred  in  March  last  year  did 
not  include  budgets  for  police.  And  that  goes  for  the  U.S.  funding 
as  well,  as  Nancy  had  indicated.  The  $20  million  that  the  United 
States  has  provided  so  far  for  the  police  and  the  police  academy 
have  come  out  of  the  demobilization  and  transition  funding  which 
is  over  and  above  the  $250  million. 

Our  understanding  from  numerous  people  that  we  have  talked 
to,  other  donors  are  reluctant  to  provide  money  for  public  safety  ac- 
tivities, either  because  it  would  not  conform  to  their  own  legislation 
or  just  because  they  don't  like  to  fund  these  types  of  projects. 

The  same  is  somewhat  true  with  regard  to  land  redistribution. 
That  is  a  volatile  issue  and  we  have  been  told  that  the  inter- 
national donor  community  does  not  like  to  provide  funding  for 
those  types  of  activities.  Most  donors  like  to  provide  funds  for 
projects  that  you  can  feel,  see,  and  touch,  like  the  electric  generat- 
ing facility  or  water  project  or  something  of  that  nature. 

So  when  we  talk  about  the  need  for  funds  for  some  of  these  other 
kinds  of  projects,  particularly  the  police  and  land  redistribution,  it 
is  doubtful  whether  we  can  count  on  any  of  that  other  donor  money 
being  used  for  the  police. 

Mr.  Menendez.  Which  means  that  we  have  a  tremendous  short- 
fall in  the  two  major  areas? 

Mr.  Johnson.  Yes. 

Mr.  Menendez.  Thank  you,  Mr.  Chairman. 

Mr.  Wynn.  Thank  you,  Mr.  Menendez. 

Mr.  Ballenger. 

setting  values  on  land 

Mr.  Ballenger.  Thank  you,  Mr.  Chairman. 

I  was  just  curious.  Dicf  AID  or  anybody  else  have  any  guess- 
timate as  to  how  much  the  value  of  land  jumped  when  they  heard 
that  there  was  going  to  be  a  redistribution  with  cash  payment  for 
the  land? 

I  know  I  was  just  reading  your  statement  that  the  government 
is  giving  $18  million  worth  of  land. 

Mr.  Johnson.  Right. 

Mr.  Ballenger.  But  you  mentioned  the  fact  that  they 
misguessed  as  to  what  the  value  of  the  land  was. 

Mr.  Johnson.  I  would  like  Dan  Ranta  to  answer  that  question. 
He  dealt  extensively  with  the  people  on  the  land  program  and  I 
think  he  has  a  pretty  good  feel  for  it. 

Mr.  Ranta.  Well,  at  the  time  of  the  U.N.  brokered  agreement, 
which  came  out  on  October  14  of  1992,  they  put  into  their  equation 
that  land  would  be  valued  at  $600  per  manzana.  One  manzana  is 
equal  to  1.75  acres. 

According  to  AID  figures  we  received  recently,  land  is  being 
transferred  at  $715  per  manzana.  Two  things  actually  are  impact- 
ing on  this  going  up.  One  is  that  the  FMLN  is  demanding  that  they 


55 

receive  higher  productive  type  land  and  the  other  is  that  there  is 
a  certain  amount  of  inflation  right  now. 

Mr.  Ballenger.  That  would  make  sense.  It  is  too  bad  that  I 
know  that  the  ex-combatants  in  El  Salvador  were  donating  land 
that  you  couldn't  use  at  all.  I  know  somebody  wouldn't  want  a 
creek  bed  if  you  could  avoid  it. 

POLICE  CLASSES  REQUESTED  BY  FMLN 

I  would  want  to  press  on  what  I  learned  over  the  weekend.  Those 
classes  of  police  were  requested  by  the  FMLN  and  that  is  where 
they  have  been  located  for  protection  to  that.  And  I  think  it  is 
great. 

Just  an  interesting  statement  that  was  made  to  us  over  the 
weekend.  One  of  our  friends  who  works  for  AID  stated,  "I  would 
never  in  my  lifetime  have  thought  that  I  would  be  buying  supplies 
for  the  FMLN,"  but  he  is. 

I  basically  think  that  it  is  a  rather  positive  thing  and  I  think 
your  statement  itself,  except  for  a  few  financial  miscalculations  by 
AID,  has  turned  out  fairly  well,  I  think,  if  there  is  a  successful 
story  that  U.S.  foreign  aid  and  U.S.  assistance  has  created  any- 
where in  the  world. 

When  you  start  naming  off  the  ones  that  have  failed,  it  is  great 
to  find  one  that  really  turns  out  to  look  like  a  success  like  El  Sal- 
vador because  I  know  the  economy  is  growing  substantially.  I  don't 
know  if  it  is  because  our  money  supply  stopped  flowing  or  what  ef- 
fect we  would  have  on  their  economy. 

Their  economy  is  going  great  guns.  And  I  just  would  like  to 
thank  you  for  your  report. 

Thank  you,  Mr.  Chairman. 

Mr.  Wynn.  Thank  you,  Mr.  Ballenger. 

Thank  you,  Mr.  Johnson,  Ms.  Toolan  and  Mr.  Ranta. 

We  have  as  our  next  witness  Ms.  Cheryl  Morden  of  Church 
World  Service  and  the  Lutheran  World  Relieve. 

Ms.  Morden,  as  soon  as  our  panelists  are  moved  out  of  the  way, 
you  can  come  right  up.  Thank  you  for  joining  us,  and  why  don't  you 
just  proceed  with  your  statement. 

STATEMENT  OF  CHERYL  MORDEN,  ASSOCIATE  DIRECTOR  FOR 
DEVELOPMENT  POLICY,  CHURCH  WORLD  SERVICE  AND  LU- 
THERAN WORLD  RELIEF 

Ms.  Morden.  Good  afternoon,  Mr.  Chairman,  and  members  of 
the  committee.  My  name  is  Cheryl  Morden  and  I  am  the  Associate 
Director  for  Development  Policy  for  Church  World  Service  and  Lu- 
theran World  Relief. 

I  want  to  thank  you  for  holding  these  hearings  on  the  peace  proc- 
ess in  El  Salvador.  The  success  of  the  process  still  rests  very  heav- 
ily on  the  continued  interest  and  vigilance  of  the  international  com- 
munity, including  the  U.S.  Congress  and  this  committee. 

PROGRESS  IS  BEING  MADE 

I  was  in  El  Salvador  recently  during  the  week  of  March  7.  While 
there,  I  had  an  opportunity  to  speak  with  a  variety  of  government 
officials  and  nongovernmental  representatives  about  the  economic 
recovery  and  rehabilitation  currently  under  way.  I  have  visited  El 


56 

Salvador  three  times  in  the  last  13  months  and  have  witnessed  re- 
markable changes  during  that  period. 

El  Salvador  today  is  teeming  with  activity  as  people  there  throw 
themselves  into  the  task  of  restoring  the  damage  caused  by  the 
war,  of  addressing  the  war's  social  deficit,  and  working  to  build  a 
better  future. 

The  new  construction  that  you  see  at  every  turn  offers  visible 
evidence  of  progress.  There  has  been  progress  as  well  in  other  less 
visible  areas,  but  this  has  gone  much  more  slowly  and  serious  prob- 
lems and  challenges  remain.  These  problems  are  likely  to  intensify 
in  the  period  leading  to  next  year's  elections. 

In  my  summary,  I  would  like  to  assess  briefly  the  progress  in 
peace-building  process  related  to  social  and  economic  recovery  and 
development,  talk  about  specific  activities  of  nongovernmental  de- 
velopment organizations,  and  then  mention  concerns  and  rec- 
ommendations regarding  U.S.  policy  in  this  area. 

I  ask  that  my  full  statement  be  entered  in  the  record. 

ECONOMIC  PROGRESS  MADE  THROUGH  CONSENSUS  BUILDING 

During  the  past  year,  the  U.N.  observer  mission  in  El  Salvador, 
ONUSAL,  and  the  U.N.  Development  Promise,  UNDP,  have  been 
involved  in  mediating  and  implementing  key  elements  of  the  peace 
process  related  to  economic  recovery  and  rehabilitation.  Their  ap- 
proach has  emphasized  dialogue,  consensus  building,  and  participa- 
tion. 

These  efforts  have  provided  a  successful  model  of  consensus 
building  and  collaboration  that  has  helped  to  establish  a  climate 
more  conducive  to  further  dialogue. 

Several  major  new  programs  have  also  been  launched  that  are 
based  on  broad-based  participation  and  consensus  building.  I  would 
mention  in  particular  a  $37.5  million,  6-year  agricultural  develop- 
ment pilot  program  in  the  Department  of  Chalatenango  which  has 
been  organized^  an  financed  by  the  International  Fund  for  Agricul- 
tural Development. 

This  program  and  others  will  make  it  possible  within  a  short  pe- 
riod to  begin  to  evaluate  a  variety  of  institutional  arrangements 
and  program  approaches  which  should  help  to  determine  the  most 
effective  approach  to  sustainable  development  and  genuine  democ- 
racy in  El  Salvador. 

This  is  particularly  important  because  institutional  reform  is  one 
of  the  major  tasks  in  the  peace-building,  post-conflict  period  and 
one  that  has  been  a  subject  of  controversy  in  El  Salvador. 

DEBATE  OVER  THE  ROLE  OF  NONGOVERNMENTAL  ORGANIZATIONS 

The  early  months  of  the  postwar  period  included  a  heated  debate 
over  the  role  of  nongovernmental  organizations  in  economic  recov- 
ery and  rehabilitation  activities.  Many  of  the  NGO's  with  experi- 
ence working  in  the  former  conflict  zones  sought  an  institutional- 
ized role  in  the  formulation  of  an  overall  strategy  for  recovery  and 
rehabilitation  that  they  believed  would  lay  the  groundwork  for 
more  equitable  long-term  development. 

No  accommodation  was  reached  with  the  government  on  this 

Eoint   as   the   government  viewed   the   NGO's   primarily   as   non- 
ureaucratic,  inexpensive  social  service  providers  with  limited  pro- 


57 

gram  capacity  and  serious  managerial  and  fiscal  accountability 
processes. 

These  organizations  have  in  fact  won  a  broader  role  in  decision- 
making in  a  limited  number  of  ways  during  the  past  year.  But  the 
participatory  mechanisms  that  have  been  initiated  were  agreed  to 
by  the  government  at  the  initiative  and  sometimes  the  pressure  of 
the  international  community. 

These  mechanisms  do  offer  the  possibility  of  real  empowerment 
and  deepening  democracy  with  all  the  political  unpredictability 
that  comes  with  genuine  democracy.  Whether  these  mechanisms 
will  be  allowed  to  be  consolidated  represents  a  test  of  the  commit- 
ment of  the  government  and  its  international  supporters  to  the 
flowering  of  full-fledged  democracy  in  El  Salvador. 

On  an  operational  level,  a  variety  of  factors  have  compelled  a 
broader  range  of  NGO's  to  seek  accommodation  with  the  govern- 
ment and  to  begin  to  negotiate  terms  for  the  use  of  official  funds. 

In  most  cases,  these  have  been  small  grants,  sometimes  received 
directly  from  the  government  and  sometimes  through  umbrella 
grants.  NGO's  have  launched  other  economic  recovery  an  rehabili- 
tation programs  using  funds  from  European,  Nordic  and  Canadian 
sources. 

At  the  same  time,  the  NGO's  are  undergoing  extensive  organiza- 
tional changes  including,  among  other  things,  a  very  heavy  empha- 
sis on  training  and  capacity  building  with  the  support  of  their 
international  partners;  greater  operational  collaboration  among 
and  between  various  organizations;  the  development  of  new  meth- 
odologies that  emphasize  self-help  rather  than  handouts;  and  ef- 
forts to  articulate  new  organizational  models  and  new  development 
strategies  both  at  the  macro  and  micro  levels. 

IMPROVING  COOPERATION  BETWEEN  GOVERNMENT  AND  NGO'S 

In  taking  stock,  I  would  say  that  while  some  greater  degree  of 
cooperation  has  been  achieved  between  the  Salvadoran  Govern- 
ment and  the  NGO's,  much  more  is  needed.  Despite  the  progress 
made,  one  cannot  conclude  that  the  two  have  established  a  working 
relationship  based  on  mutual  recognition  of  the  appropriate  divi- 
sion of  labor  between  governmental  and  nongovernmental  organi- 
zations. This  should  be  given  a  significantly  higher  priority  within 
the  Secretariat  for  National  Reconstruction. 

The  reason  for  the  slow  progress  in  this  area  has  to  do  in  part, 
I  believe,  with  the  lack  of  understanding  in  the  world  and  the  phe- 
nomenon of  NGO's  on  the  part  of  the  government,  as  well  as  the 
overriding  emphasis  on  their  inability  to  meet  fiscal  accountability 
requirements. 

Other  donors  have  developed  methods  for  working  in  partnership 
with  NGO's  in  social  and  economic  peace-building  activities,  even 
as  they  seek  to  help  them  develop  further  their  operational  and 
managerial  capacity. 

The  challenge  of  normalizing  relations  is  much  more  difficult  in 
the  climate  leading  to  the  1994  elections.  It  is  important  that  do- 
nors be  aware  of  the  potential  political  impact  of  their  aid  and 
make  whatever  adjustments  are  necessary  to  assure  that  their  as- 
sistance is  nonpartisan. 


58 

The  need  to  establish  the  basis  for  equitable,  sustainable  basis 
in  El  Salvador  dictates  that  not  only  the  government  and  the 
NGO's  establish  a  constructive  working  relationship,  but  the  broad- 
er question  of  popular  participation  be  revisited. 

INTERNATIONAL  DONORS  AND  SUSTAINABLE  PROGRAMS 

International  donors  make  an  important  contribution  in  this  re- 
gard. USAID's  approach  to  popular  participation  in  El  Salvador  has 
Focused  on  the  Municipalities  in  Action  or  MEA  Program.  It  is  im- 
portant, as  part  of  the  AID's  participation  in  post-conflict  peace 
building,  both  to  evaluate  MEA  and  to  move  beyond  MEA  to  a 
more  thorough  review  of  AID  methodology.  Important  lessons  con- 
cerning AID  and  participation  could  be  learned  from  the  experience 
of  the  Development  Fund  for  Africa. 

Finally,  the  peace-building  process  in  El  Salvador  deserves  care- 
ful monitoring  and  evaluation  both  to  assure  that  the  resources 
coming  into  the  country  are  being  used  effectively  for  programs 
that  are  sustainable,  as  well  as  to  preserve  the  lessons  of  this  expe- 
rience that  may  be  useful  to  other  post-conflict  situations. 

RECOMMENDATIONS 

In  conclusion,  I  would  like  to  make  a  few  specific  recommenda- 
tions. 

First,  U.S.  economic  aid  to  El  Salvador  should  be  conditioned  on 
full  compliance  with  the  provisions  of  the  peace  accords. 

Second,  USAID  should  undertake  an  evaluation  this  year  of  the 
Municipalities  in  Action  Program  involving  evaluators  well-versed 
in  issues  of  popular  participation,  as  well  as  representatives  of  Sal- 
vadoran  NGO's  and  U.S.  PVO's. 

Third,  the  United  States  should  configure  its  assistance  in  the 
coming  year  in  a  way  that  minimizes  its  partisan  political  impact. 

Fourth,  AID  should  contract  with  an  agency  with  demonstrated 
experience  in  the  area  of  popular  participation  to  establish  in  El 
Salvador  a  Learning  Group  on  Popular  Participation. 

And  fifth,  the  U.S.  delegation  to  the  April  1  World  Bank  Consult- 
ative Group  meeting  on  El  Salvador  should  support  the  suggestion 
made  at  last  year's  meeting  that  the  Bank  establish  a  monitoring 
mechanism  to  assess  the  impact  of  the  National  Reconstruction 
Plan. 

Mr.  Chairman,  the  final  success  of  the  peace  process  will  be 
measured  by  the  degree  to  which  the  peace  accords  and  subsequent 
peace-building  efforts  create  the  possibility  of  greater  equity  and 
well-being  for  the  majority  of  poor  Salvadorans.  I  urge  this  commit- 
tee to  make  this  concern  a  priority. 

Thank  you. 

[The  prepared  statement  of  Ms.  Morden  appears  in  the  appen- 
dix.] 

CONDITIONING  AID  ON  IMPLEMENTATION  OF  TRUTH  COMMISSION 

REPORT 

Mr.  Torricelli  [presiding].  Thank  you  very  much  and  thank  you 
for  your  testimony.  Is  it  your  testimony  that  you  believe  American 


■   59 

foreign  assistance  of  all  kinds  should  be  conditioned  on  the  full  im- 
plementation of  the  Truth  Commission  Report. 

Ms.  Morden.  I  believe  certainly  a  portion  of  economic  aid.  I  be- 
lieve a  judgment  would  need  to  be  made  about  what  portion  would 
be  effective,  but  I  think  that  the  point  is  that  the  economic  aid 
which  is  intended  for  long-term  reconstruction  and  development 
can  only  be  effectively  used  in  the  context  of  successful  implemen- 
tation of  a  peace  agreement. 

Mr.  Torricelli.  I  think  we  all  recognize  that  withholding  mili- 
tary assistance  until  the  Truth  Commission  Report  is  implemented 
makes  perfect  sense.  The  United  States  does  not  want  to  partici- 
pate in  support  of  the  military  establishment  that  is  continuing  to 
harbor  people  who  have  committed  these  crimes. 

But  it  would  seem  to  me  that  withholding  any  other  economic  as- 
sistance would  mostly  punish  vulnerable  people  in  El  Salvador  who 
have  already  been  victimized  by  the  war  and  by  those  who  commit- 
ted these  acts  of  atrocities.  Withholding  that  assistance  is  unlikely 
to  add  any  punishment  to  those  in  the  military  establishments  who 
committed  these  offenses. 

Ms.  Morden.  I  would  think  of  it  less  as  a  question  of  punish- 
ment and  more  as  the  effective  use  of  U.S.  assistance  and  that  it 
is- 


Mr.  Torricelli.  I  understand  that,  but  when  you  threaten  to  use 
leverage,  you  have  to  be  prepared  to  live  with  the  consequences  of 
exercising  it  and  you  haven't  made  the  suggestion.  I  want  to  make 
sure  that  you  really  believe  that,  if  we  have  to  exercise  leverage 
and  economic  development  assistance  is  withheld,  you  are  going  to 
like  the  consequences,  given  the  state  of  the  economy  and  those 
who  are  in  need  would  suffer  from  its  being  withheld. 

Ms.  Morden.  Well,  I  think  that  clearly  would  not  be  the  only 
measure  that  we  would  take,  and  it  would  be  important  to  be  work- 
ing in  the  process  to  try  to  resolve  and  see  that  the  accords  are 
fully  implemented. 

Mr.  Torricelli.  Are  you  including  in  this  the  recommendations 
with  regard  to  the  replacement  of  the  Supreme  Court  or  just  the 
naming  of  those  who  should  be  retired  from  military  service? 

Ms.  Morden.  Well,  I  have  not  specified  that  degree  of  detail.  I 
think  that  these  are  issues  that  have  to  be  worked  out  within  the 
peace  process  themselves  with  the  presence  of  ONUSAL  and 
through  the  mechanisms  that  have  been  established  such  as 
COPAS. 

So  I  would  not  offer  a  judgment  on  that  level  of  detail.  But,  in 
general,  the  idea  would  be  that  economic,  U.S.  economic  assistance 
should  be  considered  as  a  tool  by  the  U.S.  Government  to  convince 
the  El  Salvadoran  Government  and  all  parties  to  the  peace  agree- 
ments that  they  should  be  fully  implemented. 

EUROPEAN  HESITATION  TOWARD  CONTRIBUTING 

Mr.  Torricelli.  Concerning  the  failure  of  the  Europeans  to 
make  any  real  contribution  to  the  rebuilding  of  El  Salvador 
through  financial  assistance,  are  they  offering  reasons  for  not  pro- 
ceeding or  simply  excuses,  and  if  these  excuses  did  not  exist,  they 
would  conveniently  find  others? 


60 

Ms.  Morden.  My  sense  of  it,  and  what  I  know  about  it  is  that 
there  is — there  has  been  a  certain  amount  of  skepticism  and  hesi- 
tancy in  the  past  concerning  the  use  of  funds,  so  that  there  may 
be  more  of  a  wait  and  see  attitude.  And  I  agree  with  the  GAO  pan- 
elist, that  the  consultative  group  meeting  April  1  will  be  an  ex- 
tremely important  test  of  where  the  other  donors  are,  now  looking 
back  over  a  year. 

And  my  view  would  be  that  there  are  now  sufficient  examples  of 
cases  where  there  has  been  consensus  and  there  have  been  success- 
ful programs  like,  for  example,  and  I  think  this  is  one  that  is  of 
interest  to  the  European  donors,  the  assistance  for  the  demobilized 
immediately  following  the  signing  of  the  accords. 

It  turns  out  there  was  an  area  that  hasn't  been  anticipated  and 
accounted  for  in  the  agreement  and  the  ball  fell  in  ONUSAL's  court 
to  attend  to  these  demobilized.  ONUSAL  and  UNDP  took  a  very 
pragmatic  and  flexible  and  consensual  approach  and  threw  in  the 
FMLN  and  the  NGO's  and  all  the  relevant  players  to  design  a  pro- 
gram to  the  assist  the  demobilized  which  everyone  agrees  was  a 
successful  program. 

So  I  think,  as  the  donors  look  and  see  these  kinds  of  examples, 
they  are  more  encouraged  that  the  conditions  exist  for  an  effective 
use  of  their  resources. 

SOCIOECONOMIC  CONDITIONS  IN  EL  SALVADOR 

Mr.  TORRICELLI.  Give  me  your  general  sense  of  socioeconomic 
conditions  in  El  Salvador  today,  compared  with  the  last  several 
years  as  the  war  was  coming  to  a  conclusion,  even  without  the  kind 
of  international  assistance  that  we  all  would  have  hoped  to  have 
seen. 

Are  you  seeing  natural  economic  forces  begin  to  reach  villages 
and  any  meaningful  improvement  quality  of  life  without  the  war 
environment? 

Ms.  Morden.  I  think  that  that  is  happening  very  slowly.  I  think 
that  this  is  precisely — particularly  in  the  conflict  areas — one  of  the 
problems,  that  not  enough  aid  is  getting  out  to  those  areas.  Their 
infrastructures  are  beginning,  as  was  mentioned  earlier  through 
the  Municipalities  in  Action  programs,  infrastructure  programs  are 
taking  place. 

But  beyond  that,  you  know,  these  infrastructure  projects  are  im- 
portant but  the  evaluation  of  the  MEA  program  itself  said  that  this 
shouldn't  be  mistaken  for  long-term  development.  And  so 

Mr.  TORRICELLI.  I  don't  think  people  believe  that  they  are,  but 
they  are  a  precursor  to  long-term  development,  are  they  not? 

Ms.  Morden.  Right,  yes.  But  that  goes  to  the  reason  as  well 

Mr.  TORRICELLI.  I  recognize  the  problems  of  distribution  and  the 
amounts  of  development  assistance.  As  one  who  has  been  an  ob- 
server of  the  country  through  these  years  of  transition,  I  would  like 
to  know  whether  you  don't  see  some  natural  economic  forces  begin 
to  produce  an  increase  in  living  standards  in  the  absence  of  war? 

Ms.  Morden.  Well,  I  think  one  of  the  major  stumbling  blocks  to 
that  is  the  lack  of  credit,  for  example,  that  the  resource  level  is  so 
low  to  begin  with,  that  there  needs  to  be  an  infusion  of  capital  that 
hasn't  been  forthcoming.  There  was  very  little  credit  distributed 
last  year. 


61 

So  I  think  that,  marginally,  there  may  be  some  increases,  but — 
and  when  you  go  out,  you  begin  to  see  even  rebuilding  of  individual 
homes,  for  example,  so  there  is  some  of  that  sort. 

DEMOBILIZED  COMBATANTS 

Mr.  Torricelli.  Having  observed  the  country  now,  what  is  your 
general  impression  of  soldiers  who  have  been  demobilized  or  former 
FMLN  fighters.  Are  they  returning  to  their  villages?  Do  they  seem 
to  be  finding  opportunities  to  participate  in  the  economy  wnile  re- 
maining in  El  Salvador  and  unemployed? 

Ms.  Morden.  Many  of  them  have  located  near  the  areas  where 
the  settlements  occurred  during  the  concentration  period.  Others 
have  returned  home.  And  one  of  the  problems  I  think  with  the  de- 
mobilized from  the  government's  side  is  that  many  of  them  were 
released  from  service  before  programs  were  put  in  place  to  assist 
them  with  their  reintegration. 

And  it  appears  to  be  a  real  challenge  and  a  task  to  be  able  to 
locate  all  of  those  people  and  make  them  aware  of  their  benefits 
and  bring  them  into  the  program.  So  there  is  a  certain  problem  on 
that  side  with  tracking  some  of  these  folks. 

Beginning  in  about  December  on  each  side — well,  on  the  govern- 
ment s  side,  beginning  as  early  as  September,  on  the  FMLN  side, 
beginning  in  about  December,  programs  were  initiated  which  are 
seen  as  the  transition  for  moving  the  ex-combatants  back  into  pro- 
ductive participation  in  national  life  and  that  is  by  way  of  a  6- 
month  training  courses  either  in  agriculture  or  in  industrial  or  vo- 
cational areas. 

Mr.  Torricelli.  Does  it  seem  to  you  that  the  necessary  prepara- 
tions are  genuinely  being  made  to  accommodate  the  numbers. 

Ms.  Morden.  Those  programs  are  under  way  and  are  being — on 
the  FMLN  side,  it  is  being,  let's  say,  carried  out  under  the  auspices 
of  UNDP.  On  the  government  side,  it  is  a  partnership  with  several 
NGO's  and  the  National  Secretariat,  and  those  programs  are  in 
place. 

I  think  one  important  point  on  that  issue  and  one  that  at  least 
is  being  somewhat  anticipated,  is  a  concern  to  be  sure  that  we  have 
a  way  of  monitoring  this  process  once  the  training  is  completed, 
that  people  aren't  just  strained  and  then  released  into  a  great  void 
without  any  way  of  knowing  whether  they  were  actually  success- 
fully able  to  reestablish  themselves  in  society. 

Mr.  Torricelli.  Does  that  not  exist  now? 

Ms.  Morden.  There  are  plans  under  way.  I  spoke  with  some  at 
MEA. 

Mr.  Torricelli.  Are  those  parts  of  the  process  as  they  envision 
it? 

Ms.  Morden.  They  are  right  now  brainstorming  how  to  do  that 
and  need  to  do  it  fairly  quickly  because  the  first  group  will  com- 
plete their  training  by  March,  so  they  need  to  have  a  system  in 
plays  to  track  these  people.  But  there  is  some  effort  to  anticipate 
that. 

Mr.  Torricelli.  Mr.  Ballenger. 

EXPLANATION  OF  NONGOVERNMENTAL  ORGANIZATIONS 

Mr.  Ballenger.  Thank  you,  Mr.  Chairman. 


73-936  0-94-3 


62 

Ms.  Morden,  I  was  wondering,  sadly,  if  the  NGO  is  a  nongovern- 
mental organization.  Could  you  give  me  some  idea  of  what  an  NGO 
is. 

Ms.  Morden.  I  am  so  glad  you  asked  me  that  question.  It  is  a 
very  nonprecise  term  and  it  has  been  used  very  imprecisely  in  dis- 
cussing this  issue  in  El  Salvador.  It  is  a  negative  definition.  It  only 
defines  an  organization  by  what  it  isn't.  And,  in  fact,  it  covers  the 
waterfront.  I  would  say  that,  even  in  development  discussion,  there 
is  a  need  to  be  much  more  precise  about  the  term. 

If  we  were  to  look  specifically  at  the  case  of  El  Salvador,  for  ex- 
ample, and  look  at  the  list  of  nongovernmental  organizations  as  the 
government  describes  those  entities  that  are  receiving  funds  for  re- 
construction activities,  you  would  find  even  there  a  broad  range  of 
organizations  that  would  include  local  community  organizations 
like  a  local  neighborhood  association,  the  chamber  of  commerce,  co- 
operatives, private  training  institutions,  and  so  on. 

Mr.  Ballenger.  Would  Fusades  be  considered  an  NGO? 

Ms.  Morden.  I  believe  Fusades  would  be  considered  an  NGO, 
one  that  has  come  primarily  out  of  the  private  sector  with  those 
kinds  of  interests  and  that  there  has  been,  particularly  in  relation 
to  the  structural  adjustment  program,  there  has  been  a  growth  in 
nongovernmental  organizations  as  some  of  the  kind  of  services  that 
previously  may  have  been  carried  out  by  the  government  have  been 
spun  off  into  the  private  sector.  So  that  is  one  distinct  kind  of  non- 
governmental organization. 

I  think  one  of  the  important  issues  in  the  case  of  El  Salvador  and 
in  reconstruction  in  particular  is  looking  at  those  organizations 
that  have  established  relationships  in  the  target  areas  and  that 
that  is  the  important  distinguishing  factor  that  needs  to  be  given 
greater  attention  and  that  it  is  much  less  useful  to  discuss  FMLN 
affiliated  NGO's.  If  we  should  do  that,  we  should  conversely  discuss 
the  identified  arena  NGO's  because  Fusades  might  be  put  in  that 
category. 

The  important  issue  is:  Where  are  these  organizations  working? 
Who  has  established  relations  with  the  starting  population  who, 
therefore,  probably  have  a  better  opportunity  to  work  effectively  in 
those  areas  and  provide  something  of  a  gateway  to  the  commu- 
nities that  are  the  intended  beneficiaries  of  the  reconstruction? 

OVERSEEING  THE  EXPENDITURES  OF  FUNDS 

Mr.  Ballenger.  If  I  may,  I  understand  what  you  are  saying.  And 
one  question  that  comes  to  my  mind  is  the  fact  that  the  group  that 
was  on  before  you  was  reporting  to  us  on  the  expenditure  of  our 
money  in  El  Salvador.  And  my  understanding  is  that  AID,  because 
they  have  to  report  to  them,  mandates  that  somebody  in  that  NGO 
know  how  to  keep  books  and  that  there  might  be  a  large  amount 
of  difficulty  with  some  NGO's  in  the  fact  that  they  can't  tell  or  they 
don't  keep  records  as  to  how  their  money  is  spent. 

I  just  wondered,  at  least  it  appears  to  me  that  probably  the 
MEA's  which  have  been,  as  we  say,  successful  in  dealing  with  the 
government  have  learn  learned  the  system  where  a  large  number 
of  NGO's  have  not  learned  the  system  and  have  to  get  money,  as 
you  say,  it  seems  to  me  there  $175,000  was  all  that  was  given  to 


63 

an  NGO  that  was  located  with  the  FMLN.  But  they  got  $2  million 
by  coming  around  through  another  group. 

Is  there  any  way,  I  mean,  if  you — as  long  as  we  are  going  to  over- 
see through  the  people  sitting  behind  you  there  the  expenditure  of 
these  funds,  is  there  any  way  that  any  group  can  teach  these  peo- 
ple how  to  keep  books? 

Ms.  Morden.  There  is  no  question  about  that.  I  think  that  there 
is  complete  agreement  on  the  fact  that  the  whole  spectrum  of  the 
NGO  community,  as  well  as  the  government  itself  for  that  matter, 
needs  to  increase  their  administrative  and  managerial  capacity. 
There  is  no  quarrel  about  that. 

I  think  that  the  difference  comes  in  some  donors  saying  that  they 
recognize  the  weakness  but  then  look  for  a  variety  of  ways,  proce- 
dures, and  mechanisms  by  which  they  can  work  with  these  organi- 
zations so  that  they  can  incorporate  them  with  all  of  their  special 
contribution,  mainly  their  relationships  with  the  target  population, 
and  include  them  in  the  process. 

To  give  you  one  example:  European  Community  funds  are  being 
distributed  to,  I  believe,  six  nongovernmental  organizations  with 
long-standing  experience  and  relations  in  the  target  zones  which 
include  the  ex-combatant  zones.  They  have — the  European  commu- 
nity has  granted  the  money  through  two  European  nongovern- 
mental organizations  who  also  have  long-standing  relationships 
with  a  number  of  these  nongovernmental  organizations,  established 
trust  and  confidence. 

Those  organizations  in  turn  have  worked  with  an  NGO  in  the  re- 
gion to  actually  work  on  a  day-to-day  basis  with  the  local  NGO  on 
precisely  these  issues  of  accountability,  bookkeeping,  management 
and  so  on.  So  this  is  a  rather  layered  approach,  but  it  does  rep- 
resent perhaps  a  kind  of  creative  approach  by  which  funds  can  be 
gotten  to  and  distributed  involving  these  groups  that  have  the  es- 
tablished relationships  in  the  target  areas. 

CONSIDERING  THE  RELATIVE  SALARY  OF  THE  POLICE 

Mr.  Ballenger.  Let  me  ask  you  another  question.  Especially  in 
speaking  of  the  unemployed — and  I  forgot  to  ask  the  group  before 
you — if  the  effort  to  train  the  police  is — there  are  two  things  they 
say  are  the  most  important:  Land  transfer  and  development  of  the 
police  force. 

The  amount  of  money  going  to  various  and  sundry  things  seems 
to  be  strangely  divided  by  AID.  I  never  got  to  ask.  You  said  the 
police  were  underpaid.  Ot  course,  I  don't  know  what  underpaid  is, 
but  if — I  am  speaking  to  the  gentleman  behind  you,  I'm  sorry. 

If  they  are  underpaid,  how  do  their  wages  average  compared  to — 
I  mean,  you  can  say  they  are  underpaid,  but  in  Somalia  and  you 
get  a  dollar  a  day,  that  is  a  lot  of  money  if  you  are  in  El  Salvador 
and  you  are  a  policeman. 

Mr.  Johnson.  I  can  give  a  couple  of  comparisons.  The  average 
recruit  receives  about  $113  a  month,  which  is  about  what  a  laun- 
dry worker  would  make  or  a  secretary,  a  low-paid  secretary.  It  is 
not  something  that  would  be  considered  necessarily  a  living  wage. 
It  is  very  low  relative  to  what  other  people  in  the  private  sector 
earn. 


64 

Mr.  Ballenger.  Well,  I  just  wondered  about  that.  What  is  the 
unemployment  rate  there? 

Mr.  Johnson.  I  am  not  sure  exactly  what.  I  know  it  has  been 
coming  down  some.  The  unemployment  rate  is  fairly  high. 

Mr.  Ballenger.  Thirty  or  40  percent. 

Ms.  Morden.  I  would  say  unemployment  is  probably  in  the 
range  of  50  percent. 

INCREASING  FINANCIAL  SUPPORT  TO  THE  POLICE 

Mr.  Ballenger.  I  was  just  wondering  if  recognizing  your  group 
as  doing  good  works  and  all  that  kind  of  stuff,  but  if  the  money 
were  necessary  to  go  to  the  police  and  go  to  the  land  transfer  and 
AID  decided,  I  don't  know,  you  probably  would  get  government  sup- 
port, I  would  think. 

Ms.  Morden.  Our  organization,  Church  World  Service — well,  ac- 
tually both  Church  World  Service  and  Lutheran  World  Relief  at 
different  times  have  used  USAID  funds. 

Mr.  Ballenger.  And  my  suggestion,  be  cutoff  and  we  give  the 
money  to  the  police  wouldn't  hurt. 

Ms.  Morden.  Interestingly  on  this  question,  it  is  my  understand- 
ing that  at  least  the  issue  of  support  for  the  police  is  being  inte- 
grated into  the  government's  appeal  to  donors  this  year  and  in- 
cluded as  part  of  reconstruction  and  conceptualized  as  part  of  an 
essential  element  of  strengthening  democratic  institutions. 

At  the  same  time,  I  am  aware  that  the  European  Community  has 
in  fact  taken  a  greater  interest  in  democracy  initiatives,  so  maybe 
there  is  a  little  bit  more  reason  for  hope  on  that  score  than  we 
might  have  thought. 

SAN  MIGUEL  ECONOMY  IS  BOOSTING 

Mr.  Ballenger.  Just  for  the  edification  of  our  chairman  here, 
and  I  am  not  sure  he  is  going  to  hear  me,  but  while  I  was  in  El 
Salvador,  just  to  show  that  the  economy  is  boosting  a  little  bit  in 
San  Miguel,  where  Donna  put  her  first  hospital,  they  dedicated  a 
shopping  center  in  San  Miguel  Saturday.  It  had  128  stores  in  it. 

Mr.  Torricelli.  That  is  because  they  knew  Donna  was  coming. 

Mr.  Ballenger.  Anyhow,  the  basic  idea,  the  place  does  look  like 
it  is  growing,  but  I  would  agree  with  you  about  the  heavy  popu- 
lation and  the  high  birth  rate.  I  have  always  felt  that  you  can 
never  solve  a  problem  with  the  poor  in  El  Salvador.  It  is  the  most 
heavily  populated  area  in  the  whole  Western  Hemisphere — and  it 
has  one  of  the  highest  birth  rates  in  the  Western  Hemisphere — and 
that  you  are  going  to  have  to  have  an  unbelievably  expanded  econ- 
omy to  be  able  to 

Mr.  Torricelli.  If  you  would  yield? 

Mr.  Ballenger.  Yes. 

BREAKING  THE  CYCLE  OF  POVERTY  IN  EL  SALVADOR 

Mr.  Torricelli.  Given  the  realities  of  the  culture,  is  the  problem 
of  the  system,  solvable?  Can  indeed  this  cycle  of  endemic  poverty 
from  birth  be  at  least  mollified? 

Ms.  Morden.  Well,  I  think  that  the  approach  that  is  being  recog- 
nized more  and  more  within  development  circles  is  the  need  to  in- 


65 

tegrate,  at  a  local  level,  population  development  and  environmental 
concerns. 

Mr.  Torricelli.  I  am  speaking  specifically  of  El  Salvador.  I 
know  where  it  has  and  hasn't  worked. 

Ms.  Morden.  My  concern  on  that,  I  think  this  goes  to  the  overall 
question,  how  does  El  Salvador  reenter  the  debate  and  take  advan- 
tage of  the  thinking  that  has  gone  on  in  the  past  12  years  while 
they  were  fighting  a  war  about  development? 

And  I  think  that  is  precisely  I  think  that  question  has  to  be 
asked  of  AID,  El  Salvador  as  well,  and  I  think  it  is  a  critical  ques- 
tion. So  for  me,  that  would  be  part  of  the  answer,  that  I  wouldn't 
rule  out  that  possibility,  but  it  is  going  to  be  required 

Mr.  Torricelli.  Given  their  culture  and  their  politics,  I  could 
quickly  assess  that  any  reasonable  amount  of  resources  and  politi- 
cal energy  would  not  yield  the  results  that  are  necessary  to  stop 
the  spiraling  birth  rate  and  the  poverty  it  creates.  And  there  are 
other  places  where  I  suspect,  with  equal  resources,  you  could  make 
a  real  difference. 

IMPACTING  THE  BIRTH  RATE  TO  IMPACT  THE  POVERTY  RATE 

In  your  experience  with  the  culture  of  El  Salvador,  is  this  a  place 
where  you  could  make  a  real  difference  on  the  birth  rate  and  con- 
sequently on  the  poverty  rate  or  is  this  simply  a  place  where  we 
are  going  to  have  to  find  greater  and  greater  resources  to  meet  the 
unfortunate  reality  of  a  larger  and  larger  population? 

Ms.  Morden.  Well,  I  am  really  not  an  expert  on  this  particular 
topic.  The  one  thing  I  would  mention  is  that  there  is  a  rapidly 
growing  women's  movement  in  El  Salvador  and  that  may,  perhaps, 
be  one  of  the  factors  that  would  have  an  important  effect  on  popu- 
lation rate  and,  particularly,  to  the  extent  that  they  focus  on  edu- 
cation for  women  and  really  make  women  in  development  a  prior- 
ity, then  I  think  the  opportunity  is  there. 

Mr.  Torricelli.  Did  you  have  anything  further,  Mr.  Ballenger. 

Mr.  Ballenger.  I'm  sorry.  I  opened  that  can  of  worms  and  I  am 
glad  you  all  came  up  with  a  good,  clean  answer.  Thank  you  very 
much. 

Mr.  Torricelli.  I  thank  you  for  your  testimony.  I'm  sorry  to 
have  been  delayed  by  inevitable  airplane  problems,  and  I  apologize 
for  not  having  been  here  earlier.  But  I  thank  you  all  for  your  testi- 
mony and  your  cooperation  with  the  committee. 

The  committee  stands  adjourned. 

Ms.  Morden.  Thank  you. 

[Whereupon,  at  4:35  p.m.,  the  subcommittee  was  adjourned.] 


73-936  0-94-4 


APPENDIX 

OPENING  STATEMENT 

HON.  ROBERT  G.  TORRICELLI.  CHAIRMAN 

SUBCOMMITTEE  ON  WESTERN  HEMISPHERE  AFFAIRS 

"THE  PEACE  PROCESS  IN  EL  SALVADOR" 

March  16. 1993 

The  Subcommittee  on  Western  Hemisphere  Affairs  will  please  come  to  order. 

We  meet  today  to  bear  witness  to  another  milestone  in  the  progress  toward  peace 
in  El  Salvador:  the  release  of  the  report  of  the  Commission  of  the  Truth.  The  mandate 
of  the  Commission  was  to  seek,  find,  and  make  public  the  truth  about  acts  of  violence 
committed  by  both  sides  in  El  Salvador. 

The  Commission  sought  to  fulfill  the  biblical  teaching  that,  "The  truth  shall  make 
you  free."   I  know  that  it  is  the  hope  of  all  of  us  here  today  that  the  publication  of  the 
truth  about  a  civil  conflict  that  took  over  75,000  lives  will  free  El  Salvador  from  ever 
having  to  repeat  such  a  tragedy. 

These  terrible  crimes  committed  against  tens  of  thousands  of  Salvadorans  are  cause 
for  shame.  But  the  process  in  which  all  Salvadorans  are  now  participating  is  a  source  of 
pride.   The  peace  which  is  being  slowly  constructed  in  El  Salvador  is  a  tribute  to  the 
courage  and  determination  of  the  Salvadoran  people. 

What  is  taking  place  in  El  Salvador  is  no  less  than  a  "negotiated  revolution."  The 
father  of  that  revolution  is  President  Alfredo  CristianL  He  resisted  the  counsel  of  some 
to  seek  military  victory  because  he  knew  that,  although  history  may  honor  the  commander 
of  war,  heaven  reserves  the  highest  place  for  the  peacemaker. 

The  members  of  the  political  commission  of  the  FMLN  here  to  testify  today  are 
partners  in  the  struggle  for  peace.  But  they  must  also  accept  the  uncomfortable  truth 
facing  the  Salvadoran  government  and  military:   that  crimes  against  the  Salvadoran 
people  were  committed. 

Finally,  as  a  Member  of  Congress  I  must  be  concerned  about  U.S.  involvement  in 
these  tragic  events.   During  the  period  when  some  of  the  gravest  violations  of  human 
rights  were  occurring  the  Reagan  administration  was  certifying  progress  on  human  rights 
in  El  Salvador  and  funding  massively  the  very  forces  identified  by  the  Truth  Commission 
as  being  primarily  responsible  for  "the  vast  majority  of  abuses." 

We  now  know  what  many  of  us  suspected  at  the  time.  These  certifications  had  no 
credibility.   Instead  of  using  the  certification  process  as  intended,  as  leverage  on  the 
government  of  El  Salvador,  the  Reagan  administration  used  it  to  take  pressure  off.  by 
denying  that  abuses  were  continuing.  Congress  gave  the  administration  the  tools  to 
prevent  and  oppose  these  abuses.   But  the  Reagan  administration  tragically  chose  to  view 
the  cause  of  anticommunism  as  justifying  these  abuses. 

The  war  is  now  over  and  the  highest  priority  of  the  Salvadoran  people  must  be 
forgiveness  and  reconciliation.   But  history's  judgment  of  the  Reagan  administration  will 
be  that  their  conduct  of  U.S.  policy  cannot  be  forgotten  or  forgiven.   In  its  abuse  of  the 
certification  process,  the  administration  misled  the  Congress.   I,  for  one,  will  not  be 
content  until  we  know  the  whole  truth  about  our  own  attempt  to  cover-up  these  abuses 
from  the  Congress  and  the  American  people. 

(67) 


68 


EHBARGO£D  ONTIL  DELIVERED 

PREPARED  STATEMENT  OF  PRESIDENT  32LTSARI0  BETANCUP., 
DR.  REJNALDO  FIGUE3EDO  AND  PROFESSOR  THOMAS  BUERGENTHAL 

MEMBERS,  UNITED  NATIONS  TRUTH  COMMISSION  FOR  EL  SALVADOR 

before  the 

Subcommittee  on  Western  ilanicphere  Affairs 

CoiA»ittee  on  Foreign  Affairs 

U.S.  House  of  Representatives 

Washington,  D.C. 

March  16,  1993 


Good  afternoon,  Mr.  Chains  an.   It  is  a  privilege  for  the 
Members  of  the  Truth  Commission  for  El  Saivedor  to  appear  before 
this  Subcommittee  to  present  the  Commission's  report  tc  you  and 
the  ranking  Republican  Merber,  Fepressntative  Smith,  for  its 
inclusion  in  the  official  record  of  tnese  hearings.   We  are 
particularly  honored  that  ycu  requested  our  appearance  just  one 
day  after  the  Secretary  General  of  the  United  nations  made  the 
Commission's  report  public,  for  it  underscores  the  importance  the 
Peace  Accords  place  on  the  need  for  the  widest  possible 
dissemination  of  >;.he  results  of  its  investigation. 

The  Parties  to  the  Salvadoran  Peace  Accords  --  the 
Government  of  El  Salvador  and  the  Frente  Farabur.di  Marti  para  la 
Liberacion  N'acior.al  (FKLN)  --  under  the  auspices  of  the  Secretary 
Ge::aral  of  the  United  Nations,  asked  us  to  investigate  "serious 
acts  of  violence  that  have  occurred  since  1980  and  whose  impact 
on  socie-y  urgently  demands  that  the  purlic  should  know  the 
truth."  The  Commission  received  direct  testimony  frcm  2, coo 
sources  relating  to  7.000  victims  and  information  fror.  secondary 
source?  relating  to  more  than  18,000  victims.   Sut  as  the  Peics 
Accords  gav~  it  only  six  months  tc  examine  the  long  history  of 
violence  endured  by  El  Salvador  during  its  brutal  civil  war,  the 
Commission  concentrated  its  limited  resources  on  the  most 
notorious  cases  of  violence,  committed  by  both  sides  to  the 
conflict,  as  well  as  those  cases  that  formed  part  of  a  broader, 
systematic  pattern  of  abuse. 

All  witnesses  who  requested  it  were  guarantee-: 
confidentiality  to  protect  their  lives  and  encourage  frankness. 
Based  or.  the  nuuber  of  cooroboratir.g  accounts  and  other  evidence 
in  a  particular  case,  the  Commission  used  three  levels  of 
certainty  in  reacninq  its  conclusions:  overwhelming  evidence, 
substantial  evidence  and  sufficient  evidence.   The  testimony  of  a 
single  witness  or  ether  single  source,  no  matter  how  compelling, 


69 


was  deemed  insufficient  to  make  a  judgment  if  not  backed,  up  by 
other  evidence. 

In  examining  the  staggering  breadth  of  the  violence  that 
occurred  in  El  Salvador,  the  Commission  was  moved  by  the 
senselessness  of  the  killings,  the  brutality  with  which  they  were 
committed,  the  terror  they  created  in  the  people.   In  other 
words,  the  madness,  or  "locura,"  of  the  war.   At  the  sane  tine, 
the  Concussion  was  especially  cognizant  of  the  spirit  of  hope,  or 
"la  esperanza  "  which  brought  it  and  the  entire  peace  process 
into  existence.   It  is  the  hope  in  a  peaceful  future  that  has  led 
the  Farties  to  put  down  their  weapons  and  to  construct  a  new 
society  based  or.  principles  of  democracy,  respect  for  basic  human 
rights,  and  reconciliation. 

It  is  with  that  perspective  in  mir.d  —  with  one  eye  to  the 
"locura"  of  the  past  and  the  ether  to  "la  esperan2a"  of  the 
future  —  that  the  Commission  reached  its  con-lusions  about  the 
cases  it  investigated  and  its  recommendations  to  the  Parties.   As 
its  guiding  light,  it  adopted  the  nctior.  that,  without  a  credible 
accounting  of  the  truth,  national  reconciliation  is  impossible. 

This  report  is  based  also  on  the  principle  that  individuals, 
even  those  caught  up  in  the  fury  of  civil  war  and  the  orders  of 
superiors,  3re  accountable  for  their  actions.   3y  committing 
th&mseives  to  remember  the  tragic  violence  of  their  recent  past 
and  by  calling  for  accountability  in  their  new  national  quest  for 
peace,  the  Salvadoran  people  and  their  leaders  have  set  a 
standard  that  offers  hope  in  a  world  ravaged  daily  by  still 
bloodier  civil  wars  snd  gross  abuse?  of  human  rights. 

The  truth  often  is  bitter.   The  Commission  was  put  in  a 
particularly  delicate  situation  .■iie-.r.    it  began  receiving  evidence 
that  current  high-ranking  members  of  the  Government  and  the  FKLU 
authored  sore  of  the  most  serious  acts  of  violence  studied  by  tbe 
.Commission.   This  led  to  intense  pressure  that  the  Commission  not 
name  any  individual  naoes  in  connection  with  specific  cases.   To 
do  so,  in  the  Ccmrissioners'  unanimous  opinion,  amounted  to 
nothing  short  of  a  cover-up  of  the  truth  and  a   total  failure  to 
carry  out  the  Commission's  mandate  to  "put  an  end  to  any 
indication  of  impunity."  Therefore,  the  only  choice  vc  saw  open 
was  tc  name  names  where  the  evidence  was  decisively  in  favor  of 
such  a  result.   Wo  saw  no  other  way  to  carry  out  the 
responsibilities  we  undertook  in  an  honest  and  straightforward 
manner . 

It  is  relevant  to  note  here  that  several  of  the  military 
officers  named  in  the   Commission's  report  are  rumored  to  be  among 
the  group  of  military  officers  named  by  the  Ad  Hoc  Commission  in 
its  report  to  the  Secretary  General  *nd  which  President  Cristiani 
is  required  by  tha  Peace  Accords  tc  "purge"  from  the  ranks  of  the 
aiiitarv.   Tt  is  our  understanding  that  President  Cristiani  has 


70 


not  folly  complied  with  this  obligation.   The  Commissioners 
cannot  stress  strongly  enough  the  need  for  the  United  States  and 
the  entire  international  community  to  demand  the  full 
implementation  of  the  Ad  Hoc  Commission's  report,  whose  rumored 
conclusions  about  certain  military  officers  are  supported  even 
further  by  the  specific  factual  findings  of  this  Commission. 

In  that  regard,  the  Commission  draws  the  Subcommittee's 
attention  to  one  of  the  most  important  recommendations  it  makes 
in  its  final  report  —  that  all  those  individuals  named  in  the 
report  as  having  participated  in  violent  acts  commited  by  both 
aides  to  the  conflict  be  prohibited  from  holding  any  public 
position  for  a  period  of  ten  years.   Having  proven  themselves  to 
be  unfit  tc  exercise  the  rights  and  duties  as  citizens, 
particularly  at  this  fragile  moment  in  the  country's  history, 
these  individuals  must  be  barred  from  carrying  out  any  public 
function.   In  addition,  the  Commission  recommends  that  those 
individuals  cited  in  the  report  immediately  be  removed  and 
prohibited  frora  ever  holding  any  military  or  security 
responsibility. 

High  on  the  list  of  officers  named  by  the  Truth  Commission 
are  the  current  Minister  of  Defense,  General  Ponce,  and  the 
current  Vice-minister  of  Defense,  Genera]  Sepeda.  for  their  rcles 
in  ordering  the-  murder  of  the  six  Jesuit  piiests,  their  cook  and 
her  daughter  at  the  University  of  Central  America  in  November, 
1£S9.  Also  cited  are  FMLN  corcnandantes  Joaquin  Vii: alobos,  Ana 
Guadalupe  Martinez  and  Jorge  Melendez,  amonq  others,  for  their 
role  in  the  killing  cf  at  least  eleven  civilian  mayors.   The 
Commission  did  net  reach  these  conclusions  lightly.   As  in  all 
the  cases  in  which  narss  are  cited,  it  was  only  after  a  thorough 
revisw  of  information  corroborated  from  a  wide  range  of  sources 
that  it  concluded  that  these  individuals  were  responsible  for 
thess  assassinations. 

At  this  point  we  would  like  to  draw  attention  to  the 
excellent  work  of  the  Speaker's  Special  Task  Force  on  El 
Salvador,  otherwise  >:nown  as  the  Kcakley  Commission,  w,iich 
reached  much  the  same  conclusions  as  did  the  Truth  Co:-mission. 
Its  investigation  or  the  Jesuits'  case  served  the  best  interests 
of  the  Saivadoran  people  in  seeking  the  truth  about  what  happened 
that  tc-mble  night  during  the  guerrilla  offensive.   Congressman 
Meakley,  his  staff  and  the  ethers  who  served  or.  his  commission 
deserve  great  credit  .for  their  determination  and  commitment  to 
tell  the  truth.   Our  ta^X  would  have  been  ouch  more  difficult  had 
it  not  been  for  the  work  of  the  Mcakiey  Commission. 

before  qo^ng  on  to  su.xtarize  some  additional  cases,  the 
Commission  would  like  to  highlight  certain  findings  with  regard 
to  the  phenomenon  of  death  squads.   The  Commission  received 
testimony  on  more  than  8C0  victims  of  death  squads.   Often,  these 
people  fell  victim  10  paramilitary  forces  operated  by  the 


71 


military  and  supported  by  powerful  businessmen,  land-owners  and 
sons  leading  politicians.   In  fact,  the  Commission  found  that 
Salvador an  exiles  living  in  Miami  helped  administer  death  squad 
activities  between  .1980  and  1983,  with  apparently  little  serious 
attention  frora  the  U.S.  government.   Death  squads,  ir.  whatever 
form,  remain  a  major  threat  to  a  peaceful  El  Salvador  and  for 
that  reason  the  Commission  calls  fcr  a  special  investigation  to 
uncover  their  members,  organizers  and  financiers.   The  United 
States  could  play  a  vital  role  in  contributing  its  investigative 
expertise  tc  such  an  investigation. 

The  Commission  wojIc  new  like  tc  summarize  its  findings  or 
some  specific  cises,  including  trcse  involving  American  victims 
of  the  conflict. 

—  On  December  2,  1980,  Its  Ford,  Maura  Clarke,  Dorothy 
Kazel  and  Jean  Doncvan,  four  American  churchwomen  from  the 
Marykr.cli  order,  were  killed  by  soldiers  from  the  Salvadcran 
National  Guard.  As  &   result  of  one  cf  the  rare  prosecutions 
that  resulted  in  convictions,  the  actual  gunren  remain  in 
jail  today.   The  Truth  Commission  received  sufficient 
evidence  that  the  churcr.womu.n '  s  detention  was  planned  in 
edvance;  that  Sufcsargeant  Colindres  Aleman  was  not  acting  on 
his  own  but  received  orders  to  execute  the  churchwor.en  from 
superior  officers;  and  that  Colonel  Vides  Casanova,  then 
Director  of  the  National  Guard,  and  other  officers  knew  that 
members  of  th?  National  Guard  had  executed  the  church  women 
and  facilitated  the  cover-up,  thereby  impeding  the  judicial 
investigation. 

—  On  June  IS,  1985,  Thomas  Handwork,  Patrick  Ewiatkcski, 
Bobbie  Dickson  and  Gregory  Weber,  four  unarmed  U.S.  Marine 
Security  Guards  serving  ir.  El  Salvador,  ware  killed  at  an 
outdoor  oafs  in  San  Salvador  by  members  of  a  guerrilla 
commando  unit.   Curing  the  attack,  nine  civilians  were 
<i3.I*c\  including  U.S.,  citizens  Gecrge  Viney  ind   Roberto 
Alvidrez.   The  Corcoissj.or.  has  concluded  that  neabers  of  ar. 
FMLN  urban  commando  unit,  acting  andar  FKLN  policy  tc 
cor.siaer  U.S.  military  personnel  legitimate  targets  of 
attack,  planned  and  executed  the  killings  in  violation  of 
international  humanitarian  law. 

—  On  January  7 ,  1981,  P.odolfs  Vir.ra,  haad  of  the 
government's  land  reform  program,  along  with  Mark  Hammer  and 
Jai'id  ?e<ir.lman.  employees  of  the  American  Institute  for  Free 
Labor  Development,  v»>re  killed  at  the  Sheraton  Hotel  by 
solaier?  frora  a  Kational  Guara  death  squad.  The  two  gunmen, 
who  werK  convicted  and  later  released  under  an  amnesty  law. 
ver?;  following  orders  from  national  Guard  Lt.  Lopez  Sibrian. 
Thc-y  ware  assisted  by  Army  Capt.  Eduardo  Avila  and 
businessman  Hans  Christ.   The  latter  three  escaped 
prosecution. 


72 


--  Lt.  Ccl.  David  H.  Pic/.ett  and  Cpl .  Ernest  G.  Davson, 
after  their  helicopter  was  shot  do*n  by  members  of  a  Popular 
Revolutionary  Army  (ERP)  unit  on  January  2,  1991,  were 
executed  by  ERP  member  Farnar.  Fernandez  Arevalo  on  orders 
from  Severiano  Fuentes  Fuentes.  The  pilot  of  the 
helicopter,  Daniel  F.  Scott,  died  from  wounds  received  when 
the  helicopter  crashed. 

—  On  March  24,  1980,  Archbishop  Oscar  Arnulto  Romero  was 
shot  while  he  was  saying  mass  by  an  unknown  assassin. 
Roberto  D'Aubuissor.  gave  the  order  to  kill  the  Archbishop. 
Army  C3pt.  Eduardo  Avila,  former  Capt.  Alvaro  Saravia  and 
Fernando  Sagrera  played  an  active  role  in  carrying  out  the 
order. 

—  In  December,  19S1,  the  massacre  at  El  Mozote  and 
surrounding  hamlets  claimed  the  lives  of  over  700  people, 
including  many  worner.  and  children.  The  Commission  conducted 
a  thorough  investigation  of  the  massacre  at  El  Mosote, 
including  the  exhumation  of  part  of  the  site  with  the 
assistance  of  noted  U.S.  experts  Dr.  Clyde  Snow  and  Dr. 
Robert  Kirshner,  among  others.   It  found  that  former 
Atlacatl  battalion  commanders  Col.  Domingo  Monterrosa 
Barrios  and  Col.  Natividad  de  Jesus  Caceres  Cabrera  were 
responsible  for  the  slaughter.   In  addition,  Supreme  Court 
President  Mauricio  Gutierrez  Castro  improperly  interfered  in 
the  judicial  proceedings  concerning  the  investigation  of  the 
massacre. 

The  Commission  has  recommended  a  series  of  wide-ranging 
actions  aim?d  at  removing  human  rights  violators  from  publi.r 
office,  as  already  discussed,  reforming  the  judicial  system  and 
the  Amed  Forces,  and  promoting  human  rights,  democracy,  the  rule 
of  law  end  n-itional  reconciliation.   The  Corjnission  woulc  Like  to 
take  this  opportunity  to  highlight  the  following  recommendations: 

—  Steps  to  ensure  civilian  control  of  military  promotions, 
the  military  budget:  and  all  intelligence  services; 

-•-  Steps  to  cut  all  ties  between  the  military  and  private 
arpjed  groups  or  other  paraEilitary  groups; 

--  Ihe  immediate  implementation  of  constitutional  reforms 
requiring  the  turnover  of  the  present  members  of  the  Supreme 
Court; 

—  ?.  putiic  listing  of  all  detention  centers  and  all  those 
who  are  detained  in  them;  and 

--  Fuil  support  for  the  new  civilian  natvor-al  police  force. 


73 


In  addition,  ir.  the  hopes  of  promoting  national  reconciliation, 
the  Commission  recoamer.ds  that  the  victims  of  husan  rights 
violations  by  all  sides  in  the  war  be  publicly  recognized  and  be 
given  material  compensation.   For  that  purpose,  the  Commission 
calls  or.  the  United  .States  and  other  members  of  the  international 
community  to  earmark  a  percentage  of  their  respective  foreign  aid 
to  a  special  fund  to  be  established  for  this  purpose. 

Mr.  Chairman,  Representative  Smith,  and  other  Members  of  the 
Subcommittee,  the  Commission  would  like  to  thank  ycu  for  this 
opportunity  to  discuss  the  main  points  of  the  Cox&ission's 
report.   In  closing,  it  is  important  to  stress  that  the 
Commission's  report  is  merely  the  first  step  in  what  will  be  a 
long  and  arduous  process  of  solidifying  democracy  and  tolerance 
and  doing  away  with  the  institution  of  impunity  that  has 
protected  wrongdoers  fcr  so  long  in  El  Salvador. 


74 

PREPARED  STATEMENT  OF  SCHAFIK  JORGE  HANDAL 

GENERAL  COORDINATOR  OF 

THE  FARABUNDO  MARTI  NATIONAL  LIBERATION  FRONT 

OF  EL  SALVADOR 

BEFORE  THE 

SUBCOMMITTEE  ON  WESTERN  HEMISPHERE  AFFAIRS 

COMMITTEE  ON  FOREIGN  AFFAIRS 

U.S.  HOUSE  OF  REPRESENTATIVES 

WASHINGTON,  DC. 


MARCH  16,  1993 


"Embargo  until  delivered' 


75 
Mr.  Chairman: 


The  peace  process  in  E!  Salvador  has  made  invaluable  achievements  for  the  Salvadoran 
people.  It  could  leave  an  important  legacy  for  democracy  in  Latin  America  and  for  the 
future  of  United  States  relations  with  other  nations  in  our  American  continent. 

Nevertheless,  in  the  implementation  of  the  Peace  Accords  critical  aspects  needed  to 
consolidate  a  stable  and  lasting  peace  remain  without  compliance.  In  the  first  place,  the 
purging  of  the  army  has  not  been  completed  and  everything  appears  to  indicate  that  the 
subordination  of  the  military  to  civilian  control  is  encountering  resistance  which  tlireatens 
the  future  of  democracy  and  the  viability  of  the  implementation  of  agreements  regarding 
the  Armed  Forces.  For  example,  die  military  leadership  is  obstinately  preserving  the 
political  intelligence  apparatus  and  files,  despite  clear  provisions  to  the  contrary  in  the 
Accords  and  in  the  amendments  to  the  Constitution. 

The  Aimed  Forces  and  the  Defense  Ministry  published  a  booklet  on  March  1st  entitled 
"The  Threat  to  Sovereignty  and  the  Destruction  of  the  State"  in  which  in  addition  to 
reviving  positions  adopted  during  the  Cold  War,  insinuate  that  they  will  forcefully  oppose 
the  Truth  Commission  report. 

Along  the  same  lines,  it  should  be  noted  that  numerous  persons  from  the  military 
intelligence  apparatus  and  the  suppressed  public  security  forces  have  been  transferred  to 
important  positions  in  the  Academy  charged  with  preparing  the  policemen  and  officers  in 
die  new  National  Civil  Police  force,  from  which  the  Accords  and  the  Constitution  exclude 
members  of  the  military.  In  addition  to  this  deficiency,  there  are  other  suspicious  and 
serious  deficiencies  in  the  admissions  system,  budgetary  obstacles  and  other  irregularities. 
All  this  has  delayed  and  can  qualitatively  affect  the  organization  of  the  National  Civil 
Police,  which  is  so  essential  for  democratization. 

The  Truth  Commission's  report  will  be  a  difficult  test  for  the  process.  It  is  in  fact  an 
unprecedented  step  in  the  correct  direction,  as  it  brings  to  an  end  decades  of  cover-ups  and 
strengthens  the  possibilities  of  putting  an  end  to  tile  impunity  enjoyed  by  civilians  and 
military  personnel  with  the  power  to  trample  on  the  entire  Salvadoran  society. 

The  FMLN  will  fully  support  the  recommendations  of  the  Commission  and  will  contribute 
to  generate  a  positive  and  mature  reaction  by  the  entire  nation  to  this  difficult  but 
absolutely  necessary  test  for  the  nascent  Salvadoran  democracy. 

In  addition,  we  are  concerned  about  the  land  transfers  and  the  programs  for  reinsertion  of 
former  FMLN  combatants  to  civilian  life.  Although  these  programs  are  established  in  the 
Peace  Accords,  the  Government  of  El  Salvador,  alleging  inflexibility  in  the  terms  of  U.S. 
aid  that  support  those  programs,  is  Imposing  an  excessively  slow  pace  and  creating 


76 


multiple  stumbling  blocks  for  their  compliance.  This  problem  could  be  a  seed  for  new 
outbreaks  of  social  conflict. 

We  wish  to  express  our  concern  in  regards  to  the  electoral  process  with  particular 
reference  to  the  register  of  citizens  qualified  to  vote,  as  it  is  plagued  with  defects. 
Conditions  are  forming  which  could  produce  a  massive  exclusion  of  voters.  This  would 
certainly  favor  the  governing  part)',  ARENA,  and  its  allies. 

Mr.  Chairman,  we  are  convinced  that  all  these  problems  can  be  overcome.  J(  is  important 
that  all  the  Accords  be  complied  with  faithfully,  now  that  the  FMLN  hns  definitively 
abandoned  armed  struggle.  In  this  way,  we  are  guaranteeing  that  in  El  Salvador  today, 
no  one  will  conclude  that  arms  are  more  effective  than  political  struggle. 

In  this  context,  the  continuity  of  the  political  attention  and  economic  aid  which  the 
international  community  has  given  to  our  country  is  vital.  The  United  States  military  aid, 
if  it  is  given,  should  continue  to  be  contingent  upon  compliance  with  the  Peace  Accords 
and  the  full  subordination  of  the  military  to  civilian  authority.  Economic  aid  slwuld  be 
maintained  at  the  same  levels  as  in  recent  years  and  should  reinforce  those  same  purposes. 

We  are  concerned  by  the  proximity  of  the  expiration  of  DED  for  tens  of  thousands  of 
Salvadorans  who  live  in  the  United  Stales.  Their  abrupt  and  massive  return  to  El  Salvador 
would  produce  an  enormous  negative  impact  in  die  social  and  political  arenas,  and  would 
without  a  doubt  be  counterproductive  for  the  process  of  peace  and  democracy.  We  hope 
for  an  extension  of  DED  which  will  benefit  all  Salvadorans  and  give  the  peace  process 
a  greater  chance  for  success. 

Finally,  we  would  like  to  reaffirm  our  full  commitment  to  peace  and  democratization  in 
El  Salvador. 

Thank  you  very  much. 


77 


OPENING  STATEMENT 

THE  HONORABLE  ROBERT  G.  TORRJCELLI,  CHAIRMAN 
SUBCOMMITTEE  ON  WESTERN  HEMISPHERE  AFFAIRS 

"The  Peace  Process  in  El  Salvador:  Part  IF 
Tuesday,  March  23,  1993 

The  Subcommittee  on  Western  Hemisphere  Affairs  will  please  come  to  order. 

Last  week  this  subcommittee,  in  listening  to  the  dramatic  testimony  of  the  Truth  Commission, 
focused  its  attention  on  El  Salvador's  tragic  past — a  past  marred  by  death  and  violence. 

Today  we  turn  our  attention  to  the  future,  to  the  construction  of  a  lasting  peace  that  will  help  to 
assure  that  the  horrors  we  heard  described  in  vivid  testimony  one  week  ago  will  never  again  be 
repeated. 

El  Salvador's  future  lies  in  a  reconstructed  economy  and  society  based  on  open  markets  and  an 
open  political  system.  The  industry  and  enterprise  of  El  Salvador's  citizens — so  evident  to  even  an 
infrequent  visitor — must  encounter  an  economy  that  will  maximize  their  potential.  Indeed,  as 
President  Clinton  has  said  so  well  for  this  country.  El  Salvador  cannot  afford  to  waste  a  single 
person. 

The  United  States  played  a  vital  role  in  El  Salvador's  time  of  war — contnbuung  over  six 
billion  dollars  in  aid.  We  must  continue  to  fulfill  our  commitments  to  the  people  of  El  Salvador  in 
this  time  of  peace. 

The  report  of  the  General  Accounting  Office  about  which  we  will  hear  today  provides  much 
good  news. 

•  Initial  anxiety  about  whether  U.S.  officials  could  shift  rapidly  from  projects  of  counter- 
insurgency  to  the  very  different  demands  of  reconstruction  seems  to  have  abated. 

•  The  Salvadnran  government  and  its  former  enemy,  the  FMLN.  are  cooperating 
surprisingly  well. 

•  At  the  local  level,  former  combatants  of  both  sides  are  beginning  the  process  of  returning 
to  civilian  life.  In  some  cases,  former  soldiers  and  guerrillas  stand  side-by-side  in  training 
programs  and  swap  war  stones. 

Lut  there  is  disturbing  news  in  this  report  as  well.  Key  components  of  El  Salvador's  peace 
agreement — a  civilian  national  police  force  and  a  land  bank  to  distribute  land  and  provide 
agricultural  credit— are  seriously  underfunded.  Of  some  $800  million  pledged  by  U.S.  and 
internauonal  donors  one  year  ago.  very  little  has  actually  arrived  in  El  Salvador. 

Especially  disturbing  to  this  Congress  is  the  fact  that  our  European  allies — so  quick  to  instruct 
us  in  the  correct  approach  to  peace  in  Central  America  in  the  1980s — are  no  where  to  be  seen  now 
that  peace  has  arrived.  With  the  notable  exception  of  Spain,  few  European  countries  are  matching 
their  enthusiasm  for  peace  with  real  aid  commitments.  This  is  a  disturbing  finding  and  one  which 
this  subcommittee  will  pursue  later  this  year  .with  administration  witnesses. 

We  look  forward  to  hearine  from  the  witnesses. 


78 


GAO 


United  States  Genera]  Accounting  Office 


Testimony 

Before  the  Subcommittee  on  Western  Hemisphere 
Affairs,  Committee  on  Foreign  Affairs, 
House  of  Representatives 


For  Release  on  Delivery 
Expected  al 
3:00  pm.  EST 
Tuesday. 
March  23.  1993 


EL  SALVADOR 

Status  of  Reconstruction 
Activities  One  Year  After  the 
Peace  Agreement 


Statement  of  Harold  J.  Johnson,  Director,  International  Affairs 
Issues,  National  Security  and  International  Affairs  Division 


GAO/T-NSLAD-93-10 


79 


Mr.  Chairman  and  Members  of  the  Subcommittee: 

We  are  pleased  to  be  here  today  to  discuss  the  economic, 
political,  and  social  reconstruction  of  El  Salvador.   My 
testimony  is  based  on  our  ongoing  evaluation  of  U.S.  assistance 
to  El  Salvador—an  assignment  undertaken  at  your  request—and 
three  recent  GAO  reports.1   I  will  focus  on  five  areas:   (1)  the 
National  Reconstruction  Plan,  (2)  reconstruction  funding,  (3) 
nongovernment  organization  (NGO)  participation  in  reconstruction, 
(4)  the  Municipalities  in  Action  program  (MEA  by  its  Spanish 
acronym),  and  (5)  land  redistribution. 

SUMMARY 

It  has  been  only  a  little  over  1  year  since  the  United  Nations- 
sponsored  peace  agreement  in  El  Salvador  was  signed  and  the 
reconstruction  program  is  in  its  early  stages,  but  progress 
toward  peace  and  economic  reconstruction  has  been  made.   The 
Farabundo  Marti  Liberation  Front  (FMLN)  and  the  government  of  El 
Salvador  are  successfully  negotiating  the  content  and 
implementation  of  the  National  Reconstruction  Plan.   NGOs  are 
playing  an  increasing  role  in  implementing  social  development 


*Aid  to  El  Salvador:  Slow  Progress  in  Developing  a  National 
Civilian  Police  ( GAO/NSIAD-92-338 ,  Sept.  22,  1992);  El  Salvador: 
Efforts  to  Satisfy  National  Civilian  Police  Equipment  Needs 
(GAO/NSIAD-93-100BR,  Dec.  15,  1992);  and  El  Salvador:  Role  of 
Nongovernment  Organizations  in  Postwar  Reconstruction  (GAG7NSIAD- 
93-20BR,  Nov.  16,  1992)  . 


80 


projects.   Through  the  MEA  program,  over  1,000  critically  needed 
projects  at  the  community  level  have  been  funded,  and  mayors, 
local  FMLN  and  other  officials,  and  community  residents  we  spoke 
with  are  complimentary  of  the  program.   Yet,  serious  problems 
continue  to  face  the  government  and  the  FMLN. 

The  overriding  problem  in  El  Salvador  is  that  although  the 
international  donor  community  has  pledged  $800  million  for 
reconstruction,  insufficient  money  has  been  forthcoming, 
particularly  for  areas  such  as  public  safety  and  land 
redistribution  that  many  believe  are  critical  to  the  long-term 
success  of  the  political  settlement.   The  FMLN  and  the  government 
were  assured  by  the  United  Nations  that  the  international  donor 
community  would  help  pay  for  the  cost  of  reconstruction,  and  both 
parties  seemed  to  have  unreasonable  expectations  of  what  could  be 
done  and  when.   In  short,  expectations  for  economic 
rehabilitation  generated  by  the  Peace  Agreement  have  outpaced 
fiscal  realities.   The  Peace  Agreement  was  intentionally 
ambiguous  with  regard  to  the  economic  reconstruction  plan,  and 
this  may  have  been  necessary  at  the  time,  but  allowing  for  the 
details  of  the  plan  to  be  worked  out  by  the  parties  at  a  later 
date  has  led  to  some  of  the  problems  being  seen  today. 

Solutions  to  differences  between  the  government  and  the  FMLN  on 
the  plan's  content  are  being  dealt  with  through  negotiations  and 
concessions.   The  end  result  of  these  negotiations,  however,  has 


81 


been  to  expand  programs  to  the  point  that  the  costs  exceed  the 
resources  available  or  anticipated.   Negotiated  solutions  were 
reached  without  regard  to  where  the  money  would  come  from--a 
natural  outgrowth  of  good-intentioned  parties  making  decisions 
about  other  people's  money.   For  example,  a  United  Nations- 
brokered  settlement  concerning  land  redistribution  more  than 
tripled  the  estimated  number  of  beneficiaries  to  47,500,  creating 
a  shortfall  of  at  least  $61.7  million  for  land  procurement. 
Also,  land  is  being  provided  without  sufficient  agricultural 
credit,  which  may  cost  another  $71  to  $255  million.   The  costs 
and  sources  of  funding  for  some  critical  programs,  like  public 
safety,  simply  were  not  thought  through  when  a  commitment  was 
made.   For  example,  the  new  national  civilian  police  force  is 
underfunded  by  at  least  $23  million  for  operating  costs  in  1993 
alone,  and  an  estimated  $40.3  million  is  needed  for  equipment  and 
facilities  in  1993  and  1994,  but  no  funding  source  is  in  sight. 

Mr.  Chairman,  as  you  know,  the  United  States  committed  $250 
million  to  pay  for  immediate  and  longer-term  reconstruction  needs 
over  a  5-year  period.   This  was  to  be  essentially  front  loaded  to 
allow  other  donors  time  to  provide  funds  they  pledged.   The 
problem  now  is  that  projects'  funding  requirements  greatly  exceed 
what  the  United  States  ha»  to  spend.   The  United  States  is 
planning  to  redirect  funds  from  other  planned  reconstruction 
activities  to  take  care  of  some  of  these  unfunded  needs  but  this 
has  not  been  enough.   While  the  results  of  upcoming  Consultative 


82 


Group  and  European  Community  meetings  may  provide  some  additional 
resources,  at  this  point  in  time,  the  reconstruction  plan  as 
currently  envisioned  may  be  out  of  reach. 


THE  NATIONAL  RECONSTRUCTION  PLAN  WORKING, 
BUT  IS  STILL  BEING  NEGOTIATED 


Developing  and  maintaining  the  National  Reconstruction  Plan  has 
proven  to  be  difficult.   The  government  of  El  Salvador  and  the 
FMLN  have  differed  from  the  start  on  the  content  of  the  plan  and 
how  funds  to  implement  it  would  be  allocated,  but  both  have  been 
flexible  and  willing  to  settle  their  differences  through 
negotiation  on  a  case-by-case  basis.   While  negotiations  have 
taken  time  and  some  target  dates  have  been  missed  and  programs 
delayed,  we  do  not  believe  that  this  has  been  a  significant 
barrier  to  the  overall  reconstruction  efforts. 

FMLN  and  Government  Beginning  to  Cooperate 

The  Peace  Agreement  facilitated  by  the  United  Nations  assigned 
responsibility  to  the  government  to  develop  a  reconstruction  plan 
to  implement  the  social  and  economic  reforms  in  the  areas  most 
affected  by  the  war.   The  government  was  also  responsible  for 
coordinating  the  execution  of  the  plan,  managing  reconstruction 
resources  from  donors,  and  controlling  and  accounting  for  funds. 
The  agreement  required,  however,  that  the  government  consider 
recommendations  from  the  FMLN  and  others  so  that  the  plan  would 


83 


reflect  the  collective  will  of  the  nation.  While  the  government 
has  considered  FMLN  input  to  the  plan,  the  FMLN  has  continued  to 
criticize  the  plan  for  emphasizing  infrastructure  reconstruction 
over  social  development  and  failing  to  sufficiently  incorporate  a 
role  for  grass-roots  organizations  and  NGOs .  Also,  the  FMLN  has 
accused  the  government  of  denying  it  full  participation  in  the 
plan's  design  and  execution. 

We  cannot  comment  on  the  merits  of  each  party's  position  on  the 
plan  because  each  side's  position  is  rooted  in  a  different 
political  agenda,  but  it  is  apparent  that  both  sides  have  made 
significant  concessions  to  make  the  plan  work.   For  example: 

Although  the  FMLN  was  not  satisfied  with  the  reconstruction 
plan,  it  joined  the  government  in  presenting  the  plan  to  the 
international  donor  community  at  the  Consultative  Group 
meeting  in  March  1992,  thus  enhancing  its  chances  for 
international  funding. 

After  the  FMLN  linked  force  demobilization  to  the  provision 
of  certain  benefits,  the  government  increased  benefits 
specifically  for  FMLN  ex-combatants  to  include  household 
goods  packages  and  a  rehabilitation  program  for  the  wounded. 

Although  not  necessarily  to  its  political  advantage,  the 
government  has  accepted  and  has  been  abiding  by  a  United 


84 


Nations-brokered  land  agreement  that  increased  the  number  of 
beneficiaries  and  gave  FMLN  ex-combatants  first  priority  to 
receive  land. 

Distribution  of  Funds 

The  National  Reconstruction  Plan  stipulates  that  the  government 
use  three  entities  to  implement  reconstruction  projects:   (1)  the 
MEA  program,  which  performs  small  infrastructure  projects 
critical  to  local  community  development;  (2)  NGOs ,  which  focus  on 
social  issues  such  as  training,  credit,  and  maternal  health  and 
child  care;  and  (3)  government  ministries  and  organizations  that 
implement  national  health  and  education  programs  and  major 
infrastructure  reconstruction  projects.   Some  NGOs  that  were  once 
affiliated  with  the  FMLN,  and  their  supporters,  are  concerned 
that  government  funding  decisions  will  disproportionately  favor 
the  MEA  and  organizations  that  the  government  used  during  the 
war. 

Based  on  our  assessment  of  how  reconstruction  funds  have  so  far 
been  distributed,  we  did  not  find  these  concerns  to  be  well 
founded.   As  of  January  1993,  about  28  percent  of  funds  approved 
went  for  NGO  projects,  26  percent  for  MEA  projects,  and  47 
percent  for  central  government  organizations'  projects.   Our  work 
to  date  indicates  that  the  government  has  allocated  funding  based 
on  the  type  of  activity  to  be  provided  and  the  merit  of 


85 


individual  projects,  and  has  not  favored  one  type  of  implementing 
entity  over  another  in  its  funding  decision. 

FUNDING  IMMEDIATE  RECONSTRUCTION  NEEDS  IS  A  PROBLEM 

The  FMLN  and  the  government  were  encouraged  to  sign  the  Peace 
Agreement  with  assurances  from  the  United  Nations  that  the 
international  donor  community  would  help  fund  the  cost  of 
rebuilding  the  social,  political,  and  economic  structure  of  the 
country.   Although  donors  pledged  $800  million  in  March  1992, 
contributions  have  been  insufficient  for  critical  activities. 

Some  programs,  most  notably  public  safety  and  land 
redistribution,  are  among  the  most  contentious  issues  confronting 
the  government  and  the  FMLN,  and  are  closely  tied  to 
demobilization  and  continued  peace.   Costs  for  some  critical 
programs  have  increased  substantially,  mainly  because  of  new 
agreements  that  were  made  to  avoid  breakdowns  in  the  peace 
process.   For  example,  additional  benefits  were  provided  to  FMLN 
ex-combatants  under  the  threat  that  the  FMLN  would  not  otherwise 
demobilize.   The  government  agreed  to  provide  $1.3  million  for 
agricultural  credit,  $5.3  million  for  household  goods  starter 
packages,  and  $1.3  million  to  begin  a  rehabilitation  program  for 
FMLN  wounded.   The  FMLN  has  recently  asked  for  funding  to  provide 


86 


housing  to  11,000  of  its  ex-combatants,  estimated  to  cost  between 
$16  and  $35  million,  but  money  to  fund  this  request  is  not 
available. 

The  $250  million  pledged  by  the  United  States  was  intended  to 
take  care  of  immediate  and  longer-term  reconstruction  needs  over 
a  5-year  period,  but  due  to  increasing  costs  of  immediate 
reconstruction  needs,  AID  is  planning  to  redirect  about  $48 
million  of  this  pledge  from  other  planned  reconstruction 
activities  in  El  Salvador.   Still,  severe  funding  shortfalls 
exist  in  key  programs,  such  as  public  safety  and  land 
redistribution. 

The  Public  Safety  Program 

A  new  police  force  and  police  academy  were  explicitly  called  for 
by  the  Peace  Agreement,  and  assurances  that  a  new  public  safety 
system  would  be  implemented  helped  convince  the  FMLN  to  sign  the 
agreement.   We  reported  in  September  1992  that  (1)  the  government 
had  made  limited  progress  establishing  and  funding  the  National 
Civilian  Police  and  (2)  the  police  academy,  though  operating,  was 
in  serious  financial  trouble.   In  February  1993,  the  police 
academy  graduated  600  police  recruits  but  money  was  not  available 
for  adequate  salaries,  equipment,  facilities,  or  supplies.   As  of 
March  1993,  only  three  donors  have  provided  money  for  police  and 


87 


academy  activities  —  the  United  States  provided  $20  million,  Spain 
$1  million,  and  Norway  $350,000. 

For  fiscal  year  1993,  the  national  civilian  police  force  will 
need  an  additional  $23  million  for  operating  costs.   This  figure 
does  not  include  the  estimated  $40.3  million  needed  for 
equipment,  supplies,  and  facilities  in  1993  and  1994.   The  police 
academy  is  also  short  of  operating  funds  and  the  government  is 
using  money  originally  designated  for  construction  to  pay  for 
operating  expenses  such  as  utilities,  food,  and  health  care  for 
police  academy  students. 

The  El  Salvadoran  government  hopes  international  donor  assistance 
will  make  up  the  shortfall,  but  officials  from  the  United  States, 
the  United  Nations,  and  other  organizations  have  expressed  doubt 
that  such  funding  will  be  provided.   Two  appeals  for  funds  have 
gone  out  to  the  international  donor  community,  but  no  response 
was  received.   U.S.  officials  told  us  that  other  donor  countries, 
by  law  or  preference,  are  not  interested  in  funding  public  safety 
projects . 

Land  Redistribution  Program 

One  of  the  most  important  aspects  of  the  Peace  Agreement  and 
reconstruction  plan  is  the  redistribution  of  land.   AID 
originally  planned  to  provide  $15  million  to  this  program,  which 


88 


would  cover  the  cost  of  land  for  10,000  beneficiaries.   In 
October  1992,  a  United  Nations-brokered  agreement  increased  the 
number  of  beneficiaries  to  47,5002,  significantly  increasing 
program  costs.   By  redirecting  funds  from  other  planned 
activities,  the  United  States  plans  to  increase  its  contribution 
to  about  $50.2  million.   The  Land  Bank,  the  government's  agency 
for  land  redistribution,  will  also  receive  $12  million  from  the 
European  Community,  and  the  government  is  providing  land  it  owns 
valued  at  $18.6  million,  bringing  total  resources  for  land 
redistribution  to  $80.8  million.   Based  on  the  average  land  price 
specified  in  the  United  Nations-brokered  land  agreement,  this  is 
still  at  least  $61.7  million  short  of  what  is  needed.   AID  has 
said  that  the  shortfall  could  be  as  much  as  $89  million,  based  on 
a  more  realistic  land  price.   This  shortfall  estimate  could  grow 
even  further  if  higher  quality  land  requested  by  the  FMLN  is 
provided  to  its  beneficiaries. 

AID  officials  are  reluctant  'to  consider  redirecting  further 

funding  to  these  projects.   Except  for  the  European  Community, 

other  donors  have  not  provided  or  pledged  funds  for  land 
redistribution. 


2These  beneficiaries  include  ex-combatants  and  the  families 
who  have  occupied  land  (without  legal  title  of  ownership)  that  had 
been  abandoned  by  its  owner  during  the  war. 


89 

Issues  Related  to  Other  Donor3  Funding 

World  Bank  and  U.S.  officials  told  us  that  some  donors  were 
hesitant  to  fund  projects  until  the  El  Salvadoran  government  and 
the  FMLN  had  demonstrated  their  commitment  to  peace  by  reducing 
or  demobilizing  their  military  forces.   A  World  Bank  official 
said  that  the  World  Bank,  the  sponsor  of  the  Consultative  Group, 
was  also  hesitant  to  encourage  donors  to  fulfill  pledges  for  this 
same  reason.   Additionally,  according  to  U.S.  officials,  some 
donors  expect  the  United  States  to  fund  highly  visible  and 
politically  risky  projects,  such  as  public  safety  and  land 
redistribution. 

Some  funding  may  be  available  later  this  year.   The  Inter- 
American  Development  Bank  plans  to  provide  an  unrestricted  $90 
million  loan  for  disbursement  starting  later  this  year,  but  the 
bank  will  disburse  the  loan  in  three  installments  over  18  months. 
A  $75  million  loan  from  the  World  Bank,  tentatively  scheduled  to 
be  disbursed  in  1992,  will  not  be  available  until  September  1993. 
The  European  Community  and  Germany  pledged  to  finance  some 
reintegration  assistance  for  ex-combatants,  but  this  money  is  not 
expected  until  mid- 1994.   Finally,  the  Inter-American  Development 
Bank  and  Japan  have  developed  a  $250  million  water  and  energy 


30ther  donors  include  the  World  Bank,  the  Inter-American 
Development  Bank,   several  international  organizations,   and  18 

individual  countries  pledging  bilateral  assistance. 


90 


project,  but  the  majority  of  the  project  will  not  be  funded  until 
1994  or  1995. 

Another  donor  conference  is  scheduled  for  April  1993,  and  World 
Bank  officials  have  indicated  that  at  that  time  they  plan  to 
aggressively  encourage  donors  to  provide  funding.   The  El 
Salvadoran  government  has  been  preparing  presentations  for  this 
meeting  as  well  as  a  meeting  with  the  European  Community  later  in 
April,  specifically  asking  for  quick-disbursing  cash  for  critical 
needs.   However,  since  most  donors  prefer  more  traditional 
development  activities,  and  previous  attempts  to  secure  funding 
have  been  largely  unsuccessful,  it  is  unclear  how  successful  the 
government  will  be  during  these  meetings. 

NGOs  AS  MAJOR  PARTICIPANTS  IN  RECONSTRUCTION 

Forty- five  NGOs  have  been  involved  in  a  wide  range  of 
reconstruction  projects.   Over  the  past  6  months,  politically 
motivated  attitudes  have  softened,  the  working  relationship 
between  the  government  and  NGO  community  has  improved,  and  more 
information  is  being  disseminated  on  reconstruction  procedures, 
increasing  their  participation.   Although  few  of  the  NGOs 
formerly  affiliated  with  the  FMLN*  have  received  funding 


4We  define  the  NGOs  formerly  affiliated  with  the  FMLN  as  those 
organizations  that  operated  primarily  in  the  former  conflictive 
areas  and  were  historically  affiliated  with  the  FMLN.  In 
discussions  with  some  of  these  NGOs,  we  were  told  that  they  no 
longer  wish  to  be  affiliated  with  any  political  faction. 


91 


directly  from  the  government,  many  have  received  indirect 
government  funding  as  sub-grantees  under  umbrella  organizations. 
Many  NGOs  have  weak  financial  and  management  controls  and  do  not 
meet  the  technical  and  management  requirements  of  the 
reconstruction  program,  and  progress  in  improving  these 
capabilities  has  been  slow. 

NGO  Participation  Has  Increased 

In  June  1992,  29  NGOs  were  approved  to  implement  reconstruction 
projects  funded  either  directly  or  indirectly  by  the  government. 
By  February  1993,  45  organizations  had  been  approved  to  receive 
$11.5  million.   It  appears  that  the  factors  that  hindered  earlier 
NGO  participation  have  been  resolved.   For  example,  the  FMLN  told 
us  that  FMLN-af filiated  NGOs  decided  in  June  1992  not  to 
participate  in  reconstruction  activities  until  the  government  and 
FMLN  agreed  on  the  reconstruction  strategy.   In  addition,  at  that 
time,  NGOs  were  confused  about  the  process  for  receiving  funding 
and  the  general  eligibility  criteria.   But  now  the  government, 
alone  or  in  concert  with  FMLN  NGOs,  has  increased  efforts  to 
explain  the  program.   Over  the  past  6  months,  NGOs  have  become 
more  willing  to  accept  funding  from  the  government.   One  NGO 
formerly  affiliated  with  the  FMLN  told  us  in  June  1992  that  it 
would  not  accept  funding  from  the  United  States  under  any 
circumstances,  whereas,  in  December  1992  it  indicated  it  was 
willing  to  work  with  the  government,  accept  technical  assistance, 


92 


and  apply  for  reconstruction  funds.   Another  NGO  formerly 
affiliated  with  the  FMLN  met  with  AID  and  the  government  to 
discuss  four  potential  projects  and  has  received  funding  for  one 
project. 

Few  FMLN  Affiliated  NGOs  Receive  Direct  Funding 

Few  NGOs  formerly  affiliated  with  the  FMLN  are  receiving  funds 
directly  from  the  government.   As  of  February  1993,  the 
government  had  approved  about  $9  million  in  direct  funding  for  5 
U.S. -based  NGOs  and  18  Salvadoran-based  NGOs.   Only  2  of  the  18 
were  NGOs  formerly  affiliated  with  the  FMLN  and  they  received 
about  $176,000,  less  than  2  percent  of  the  total  approved  for  all 
NGOs.   However,  25  Salvadoran-based  NGOs  have  received  funding 
through  subgrants  from  other  NGOs  and  organizations  that  are 
funded  directly;5  17  of  these  are  NGOs  formerly  FMLN-af filiated 
and  they  received  about  $2  million,  or  17  percent  of  the  total 
approved. 

The  FMLN  and  its  NGO,  the  Fundacion  16  de  Enero,  claimed  that  the 
government  has  been  discriminatory  in  deciding  which  NGOs  to 
approve.   They  said  they  would  like  to  see  greater  participation 
of  NGOs,  such  as  those  that  are  members  of  the  Coordinating 
Council  of  Private  Humanitarian  Institutions  in  El  Salvador 


'Three  of  the  25  NGOs  receiving  indirect  funding  also  receive 

direct  funding. 


93 


(CIPHES).6  At  the  time  they  told  us  this,  however,  13  of  the  37 
NGOs  in  the  group  were  already  involved  in  reconstruction 
activities  or  other  U.S.  funded  projects.   We  noted  that  many  of 
the  NGOs  receiving  direct  funding  could  be  considered  pro- 
government,  but  they  also  had  prior  experience  delivering 
development  assistance  funded  by  the  United  States  or  El 
Salvadoran  government.   While  one  can  never  be  totally  certain, 
we  did  not  find  evidence  that  the  government's  selections  were 
made  for  political  reasons. 

Slow  Progress  in  Improving  NGO  Capabilities 

While  we  found  that  few  formerly  FMLN-af filiated  NGOs  have 
received  funds  for  reconstruction  activities,  this  is  because  of 
their  limited  management  and  technical  capability  to  design 
projects  and  meet  accountability  requirements  established  by  the 
El  Salvadoran  government  and  AID.   As  we  reported  in  November 
1992,  we  believe  that  the  standards  for  project  proposal 
submission  and  administration,  control,  and  accountability  are 
reasonable  and  do  not  represent  a  political  barrier  to 
participation.   With  adequate  technical  assistance,  these 
administrative  and  financial  management  standards  can  generally 


6This   organization   performs   a   coordinating  role   for   37 
Salvadoran-based  NGOs. 


94 


be  met.   Such  technical  assistance  is  available  through  U.S- 
funded  projects,  multinational  assistance,  and  umbrella  NGO 
organizations.   However,  it  has  been  slow  to  begin. 

Many  NGOs,  particularly  those  without  prior  experience  working 
with  the  El  Salvadoran  government  or  AID,  are  generally 
unfamiliar  with  U.S.  requirements  for  management  control.   Also, 
because  many  NGOs  that  worked  in  the  conflictive  zones  during  the 
war  provided  largely  emergency- type  assistance,  they  have  little 
or  no  experience  preparing  proposals  with  project  strategies, 
objectives,  approach,  methodology,  and  realistic  cost  estimates. 

Some  efforts  have  been  made  to  improve  NGO  administrative  and 
technical  capabilities;  however,  they  have  yet  to  produce 
significant  tangible  results.   The  government  began  developing  a 
manual  for  NGOs  in  August  1992,  describing  the  requirements  and 
procedures  for  reconstruction  funding,  but  as  of  January  1993, 
the  manual  had  not  been  distributed  to  NGOs.   Further,  according 
to  a  U.S. -based  NGO,  the  manual  is  too  technical  for  NGOs  seeking 
government  funds  for  the  first  time.   Another  project  implemented 
by  the  U.S. -based  NGO  Private  Agencies  Collaborating  Together 
(PACT)  has  not  made  much  progress  until  recently.   In  June  1992, 
PACT  planned  to  assist  40  NGOs  and  NGO  coordinating  councils 
during  their  first  year.   However,  because  it  took  from  July  to 
November  1992  for  the  government  to  approve  the  PACT  project,  few 
NGOs  have  received  this  training  until  recently.   PACT  did 


95 


initiate  contact  with  NGOs  and  assessed  their  capabilities  during 
the  4-1/2  month  approval  period,  but  did  not  begin  formal 
assistance  until  November.   By  February  1993,  however,  PACT  had 
begun  providing  varying  levels  of  assistance  to  about  39  NGOs,  21 
of  which  are  formerly  affiliated  with  the  FMLN. 

Other  entities  have  provided  some  help  to  NGOs.   The  U.S. -based 
Catholic  Relief  Services  is  implementing  a  credit  project  through 
subgrants  with  19  Salvadoran-based  NGOs.   Even  though  Catholic 
Relief  Services  is  financially  responsible  for  funds  administered 
by  the  19  NGOs,  it  provides  these  NGOs  with  on-the-job  training 
in  project  administration  and  implementation.   A  similar  umbrella 
arrangement  through  the  United  Nations  Development  Program  is 
helping  five  NGOs--two  formerly  affiliated  with  the  FMLN--develop 
project  planning  and  management  capabilities.   The  NGO  council 
CIPHES,  in  conjunction  with  a  local  university  and  United  Nations 
Development  Program,  has  instructed  NGOs  on  how  to  prepare, 
evaluate,  and  manage  projects.   Between  September  and  December 
1992,  37  representatives  from  NGOs  attended  the  course. 

MUNICIPALITIES  IN  ACTION  PROGRAM 

The  MEA  program  is  the  main  program  used  to  provide  assistance 
and  promote  democratic  processes  at  the  local  level.   However, 
because  of  its  counter-insurgency  role  during  the  war,  its  use  to 
deliver  post-war  assistance  has  been  viewed  by  some  with 


96 


suspicion  and  distrust.   Further,  critics  have  said  that  it  fails 
to  encourage  democratic  processes  and  is  ineffective  as  a 
delivery  system.   However,  officials  and  residents  in  communities 
served  by  MEA  told  us  it  is  meeting  its  objectives. 

MEA  Is  a  Primary  Means  to  Deliver  Assistance  to  Communities 

MEA  was  chosen  by  the  government  as  a  primary  means  to  deliver 
post-war  assistance  in  the  former  conflictive  areas  because  it 
(1)  was  already  in  place,  (2)  had  demonstrated  an  ability  to  get 
things  done,  and  (3)  allowed  for  a  participatory,  decentralized 
approach  to  delivering  assistance.   Open  town  meetings  are  held 
to  provide  a  forum  for  residents  to  discuss  community  needs.   The 
mayor  and  the  municipal  council  then  rank  those  needs  and  request 
appropriate  funding.   Between  February  and  December  1992,  1,066 
projects,  valued  at  $11.3  million,  were  implemented  through  MEA 
in  the  115  municipalities  targeted  by  the  National  Reconstruction 
Plan. 

In  December  1992,  we  attended  three  town  meetings  and  held 
extensive  discussions  in  another  15  municipalities  with  mayors  of 
various  political  parties,  municipal  council  members,  and 
citizens  and  representatives  of  the  church,  local  grass-roots 
organizations,  NGOs ,  and  the  FMLN.   We  found  that  they  viewed  MEA 
favorably  as  a  means  of  delivering  assistance  and  promoting 


97 


democratic  processes.   No  one  we  spoke  with  said  or  implied  that 
MEA  carried  a  negative  image  from  its  past  counter-insurgency 
role. 

MEA  Considered  Democratic  and  Efficient  Program 

Some  critics  have  said  the  MEA  program  denies  residents  full 
participation  in  the  process  and  is  inefficient.   Criticisms 
include  the  following:  (1)  people  do  not  have  full  opportunity  to 
be  heard  at  open  town  meetings,  (2)  residents  should  be  allowed 
an  opportunity  to  prioritize  projects  and  choose  which  ones  to 
seek  funding  for,  (3)  project  oversight  is  limited,  and  (4)  the 
MEA  process  is  inefficient  and  results  in  delays  in  project 
completion  or  incomplete  projects. 

As  mentioned  earlier,  we  met  with  mayors,  FMLN  officials,  and 
others  at  18  municipalities  and  attended  three  open  town 
meetings.   We  learned  that  the  process  of  allowing  for  full 
citizen  participation  is  maturing,  and  most  people  we  talked  with 
praised  the  program  and  told  us  that  it  was  working.   Further,  we 
believe  the  program  ha6  mechanisms  in  place  to  provide  for  full 
citizen  participation.   We  asked  officials  and  residents  about 
each  of  the  above  mentioned  criticisms.   Very  few  complained 
about  lack  of  opportunities  to  voice  opinions,  make  decisions,  or 
oversee  the  projects.   Local  FMLN  officials,  the  most  severe 
critics  of  the  MEA  process  in  the  early  period,  told  us  that 


73-936  0-93-5 


98 


their  organizations  have  largely  accepted  the  participatory 
mechanisms  of  MEA,  and,  in  some  areas,  are  undertaking  activities 
to  further  develop  and  strengthen  the  mechanisms. 

With  regard  to  complaints  that  the  MEA  process  has  led  to 
incomplete  projects  and  inordinate  delays  in  project 
implementation,  community  officials  and  residents  we  spoke  with 
were  proud  of  the  project  completion  rate  under  MEA.   In  the  18 
municipalities  we  visited  in  mid-December  1992,  143  projects  had 
been  completed  over  the  past  10  months  or  were  underway  at  the 
time  of  our  visit.   Community  officials  and  citizens  reported 
that  only  six  of  the  projects  had  experienced  problems  or  delays, 
but  attributed  these  to  unavoidable  circumstances  outside  the 
control  of  the  community.   For  example,  one  road  project  in 
Chalatenango,  which  was  cited  by  critics  as  a  prime  example  of  an 
incomplete  project  typical  of  MEA  problems,  was  delayed  due  to  a 
strike  at  a  cement  factory.   The  road  could  not  be  completed 
within  its  budget  when  the  price  of  cement  doubled  after  the 
strike.   Although  the  road  was  15  meters  short  of  its  intended 
length,  the  community  and  municipal  government  used  municipal 
funds  to  finish  the  project.   Community  officials  explained  that 
some  projects,  such  as  electrification  and  water  projects,  take 
longer  because  they  require  greater  coordination  and  longer 
planning. 


99 

Municipal  Development  Needs  Further  Strengthening 

According  to  AID,  the  MEA  program  can  be  strengthened  by 
educating  and  training  mayors  and  community  officials  on 
democratic  processes.   In  addition,  gains  can  be  obtained  through 
greater  education  of  residents  of  the  MEA  process.   However,  AID 
is  most  concerned  about  the  program's  fiscal  sustainability . 
According  to  AID,  the  tax  base  varies  considerably  between 
municipalities,  but  generally  revenues  generated  from  local 
sources  have  been  low.   User  fees  and  tariffs  have  remained 
unchanged  for  decades,  despite  significant  increases  in  the  cost 
of  services,  and  municipalities  do  not  have  a  property  tax,  which 
could  be  a  principal  source  of  revenue. 

Although  municipalities  are  beginning  to  adjust  their  fees  and 
service  charges  to  recover  a  greater  portion  of  the  cost  of  the 
service,  the  revenues  will  be  inadequate  to  finance  expanded 
local  government  services.   As  of  December  1992,  AID  was 
finalizing  the  details  of  a  new  municipal  development  project 
that  will  address  these  issues. 

LAND  REDISTRIBUTION  PROBLEMS 

Let  me  turn  now  to  the  problems  associated  with  land 
redistribution.   As  mentioned  earlier,  the  land  redistribution 
program  is  severely  underfunded.   In  addition,  the  government  has 


100 


been  slow  in  transferring  land  to  recipients,  the 
recapitalization  of  the  Land  Bank  from  loan  repayments  is 
doubtful,  and  insufficient  agricultural  credit  is  available  to 
farmers  receiving  land. 

Expectations  and  Results 

Redistributing  land  to  47,500  ex-combatants  and  others  is  a 
critical  aspect  of  reconstruction.   Yet,  land  transfers  are 
behind  schedule,  and  few  have  received  land.   About  15,000 
beneficiaries  were  to  have  received  land  by  January  1993,  but  as 
of  mid-February  1993,  only  about  3,800  beneficiaries  had  actually 
received  land.   About  179,000  acres  are  available  to  be 
transferred,  which  would  provide  land  for  at  least  another  20,000 
beneficiaries . 

Several  factors  have  contributed  to  delays  in  land 
redistribution.   The  government  and  the  FMLN  did  not  agree  on  the 
basic  details  of  land  transfer  until  the  United  Nations  brokered 
an  acceptable  land  agreement  in  October  1992,  9  months  after  the 
Peace  Agreement  was  signed.   Even  after  the  agreement  was  signed, 
negotiations  over  the  quality  of  land  to  be  provided  to  FMLN 
beneficiaries  continued.   Also,  the  FMLN  is  required  to  identify 
potential  properties  and  provide  the  government  with  lists  of 
beneficiaries  but  this  has  not  been  completed.   The  FMLN  told  us 
it  lacks  the  technical  capability  and  resources  to  complete  its 


101 


identification  of  land  and  beneficiaries,  and  as  far  as  we  know, 
there  are  no  plans  to  help  the  FMLN  in  this  area. 

Loan  Repayments  Doubtful 

The  Land  Bank,  established  in  1991,  is  intended  not  only  to  help 
in  the  reconstruction,  but  also  to  become  a  permanent  government 
institution.   This  means  that  the  Land  Bank  must  be  recapitalized 
from  loan  repayments  from  land  beneficiaries.   However,  most 
officials  agree  that  land  recipients  probably  will  not  be  able  to 
repay  their  loans.   Both  the  loan  terms  and  technical  factors 
contribute  to  this  problem. 

The  terms  of  the  Peace  Agreement  call  for  loans  to  be  provided  at 
6  percent  over  30  years,  with  a  4-year  floating  grace  period. 
Agricultural  experts  we  spoke  with  indicated  that  most  farmers 
will  probably  use  the  first  4  years  of  their  loan  as  the  grace 
period,  which  means  the  Land  Bank  will  not  be  able  to 
recapitalize.   They  added  that  the  ability  of  the  farmers  to 
repay  their  loans  is  further  hindered  because  of  inadequate 
agricultural  credit,  limited  technical  assistance,  the  less  than 
ideal  quality  of  the  land  provided,  and  the  farmers' 
unwillingness  to  grow  nontraditional  crops,  such  as  garlic  and 
melons,  that  produce  income. 


102 

Agricultural  Credit  Inadequate 

Agricultural  credit  provided  by  the  government  might  help  farmers 
sustain  themselves  and  give  them  the  ability  to  repay  the  Land 
Bank.   Experts  predict  that  the  current  informal  system  of 
agricultural  credit,  which  includes  personal  loans  from  friends 
and  family,  will  not  sustain  agriculture  in  the  1990s. 

The  United  States  provided  agricultural  credit  of  about  $111  per 
acre  to  about  8,000  families  through  the  Catholic  Relief 
Services.   Although  considered  a  successful  program  by  U.S. 
officials,  it  satisfies  only  a  small  part  of  agricultural  credit 
needs,  since  that  is  a  minimal  level  of  credit,  according  to 
agricultural  experts.   AID  estimates  that  between  $170  and  $615 
in  credit  is  needed  for  each  acre,  depending  on  the  type  of  crop 
grown.   Using  AID  data,  we  estimate  that  between  $71  and  $255 
million  is  needed  to  provide  agricultural  credit  to  the  47,500 
land  beneficiaries.7  This  estimate  does  not  include  credit 
needed  by  other  farmers  in  the  former  conflictive  areas  who  did 
not  receive  land  through  the  land  redistribution  program.   To 
date,  however,  only  about  $34  million  from  all  sources,  including 
$32  million  from  the  United  States,  has  been  committed 


7This  estimate  is  a  mathematical  calculation  based  on  47,500 
beneficiaries  each  receiving  8.75  acres  of  land.  The  amount  and 
quality  of  land  provided  and  the  beneficiary's  financial  condition 
would  affect  the  amount  of  credit  needed. 


103 


specifically  for  farmers  in  the  areas  targeted  by  the  National 
Reconstruction  Plan. 

We  do  not  know  if  additional  international  donors  are  prepared  to 
make  commitments  to  assist  the  government  in  funding  this 
requirement.   We  were  told  that  private  banks  are  unlikely  to 
respond  to  the  needs  of  the  farmers,  and  government  banks  do  not 
have  the  resources.   The  government  hopes  the  European  Community, 
the  United  Nations,  and  others  will  contribute  funds  for 
agriculture  credit,  but  U.S.  officials  are  not  optimistic  that 
these  sources  will  provide  sufficient  funds. 

Mr.  Chairman,  this  completes  my  prepared  statement.   I  will  be 
happy  to  answer  questions  from  the  subcommittee. 


104 


CHURCH  WORLD  SERVICE/LUTHERAN  WORLD  REUEF 

Ottice  on  Development  Policy  -110  MarylanO  Ave  N  E  •  Building  Mailbox  «45  •  Washington  D  C  20002-5694  •  202  543-6336 


EMBARGOED  UNTIL  DELIVERED 

PREPARED  STATEMENT  OF  CHERYL  MORDEN 

ASSOCIATE  DIRECTOR  FOR  DEVELOPMENT  POLICY 

CHURCH  WORLD  SERVICE  AND  LUTHERAN  WORLD  REUEF 

before  the 

Subcommittee  on  Western  Hemisphere  Affairs 

Committee  on  Foreign  Affairs 

U.S.  House  of  Representatives 

Washington,  DC 

March  23,  1993 


PEACE-BUILDING  IN  EL  SALVADOR:  AN  ASSESSMENT 

Mr.  Chairman,  I  thank  you  for  the  opportunity  to  appear  before  the  Committee.    I  also  want 
to  express  appreciation  for  these  hearings  on  the  situation  in  El  Salvador.    The  success  of  the 
peace  process  continues  to  rest  heavily  on  the  interest  and  vigilance  of  the  international 
community,  including  the  U.S.  Congress. 

Church  World  Service'  and  Lutheran  World  Relief  have  long-standing  relationships  with 
Salvadoran  church  and  ecumenical  organizations  as  well  as  with  a  number  of  non- 
governmental organizations.    During  the  war  we  supported  their  efforts  to  assist  victims  of 
the  violence  and  to  contribute  to  a  negotiated  settlement  of  the  conflict. 


Church  World  Service  is  a  division  of  the  National  Council  of  Churches  of  Christ  in 
the  Umted  States.    Church  World  Service's  relief,  development  and  refugee  work  is 
carried  out  in  conjunction  with  local  partner  agencies  in  more  than  75  countries  in 
Asia,  Africa,  the  Middle  East  and  Latin  America. 

Lutheran  World  Relief  is  the  relief  and  development  agency  of  the  Evangelical 
Lutheran  Church  in  America  and  the  Lutheran  Church  Missouri  Synod.    LWR 
supports  more  than  170  development  projects  annually  throughout  Africa.  Asia,  the 
Middle  East,  and  Latin  America. 


105 


Having  shared  the  suffering  of  our  colleagues  during  the  long  years  of  war,  we  shared  their 
boundless  joy  at  the  signing  of  the  peace  agreements  on  January  16,  1992.    In  the  ensuing 
months  we  have  shared  the  exhilaration,  frustration,  optimism,  and  pain  that  has  come  with 
the  end  of  the  war.    Hope  for  the  future  has  been  the  underpinning  of  events  of  the  past  year. 

El  Salvador  today  is  teeming  with  activity  as  the  people  throw  themselves  into  the  task  of 
restoring  the  damage  of  the  war,  addressing  the  war's  social  deficit,  and  building  for  a  better 
future.   The  new  construction  offers  visible  evidence  of  progress.    There  has  been  progress 
as  well  in  other,  less  visible  areas,  but  this  has  gone  much  more  slowly  and  serious  problems 
and  challenges  remain.   These  problems  are  likely  to  intensify  in  the  period  leading  to  next 
year's  elections. 

The  economic  recovery  and  development  dimensions  of  the  post-conflict  situation  rarely 
appear  in  the  headlines  as  do  other  elements  of  the  peace  process.    They  are,  however,  both 
intimately  linked  to  the  broader  peace  process  and  critically  important  to  the  establishment  of 
a  firm  and  lasting  peace.   The  question  of  land  ownership  and  credit,  for  example,  is  one  of 
the  most  volatile  issues  in  the  peace  process.    The  process  of  land  transfer  and  provision  of 
credit  has  gone  very  slowly,  for  a  variety  of  reasons.    While  this  issue  falls  beyond  the  scope 
of  this  testimony,  I  urge  this  Committee  to  investigate  and  monitor  this  complex  and  difficult 
issue,  which  has  the  potential  to  disrupt  seriously  the  peace  process. 

My  testimony  will  discuss  progress  in  the  peace-building  process  related  to  social  and 
economic  recovery  and  development,  specific  activities  of  non-governmental  development 
organizations,  and  continuing  concerns  and  recommendations  regarding  U.S.  policy  in  this 
area. 

PROGRESS  IN  PEACE-BUILDING  RELATED  TO  ECONOMIC  RECOVERY 

The  UN  Assumes  a  More  Key  Role 

The  National  Reconstruction  Plan  presented  to  the  donor  community  at  last  year's  World 
Bank  Consultative  Group  meeting  focused  primarily  on  "helping  to  create  the  necessary 
conditions  to  reintegrate  socially  and  economically  those  most  affected  by  the  conflict." 
While  this  is  certainly  an  essential  ingredient  of  post-conflict  recovery  it  is  a  narrower  focus 
than  the  post-conflict  peace-building  advocated  by  UN  Secretary  General  Boutros-Ghah. 
Peace-building  seeks  to  bolster  those  processes  and  activities  that  consolidate  the 
achievements  of  peacemaking  and  peacekeeping  to  prevent  a  recurrence  of  conflict.    The 
Secretary  General  argues  that  "only  sustained,  cooperative  work  to  deal  with  underlying 
economic,  social,  cultural  and  humanitarian  problems  can  place  an  achieved  peace  on  a 
durable  foundation."3 


3.         Boutros-Ghali,  Boutros.    "An  Agenda  for  Peace:    Preventative  Diplomacy, 

Peacemaking  and  Peacekeeping."    New  York,  United  Nations.    January  31,  1992. 


106 


During  the  past  year,  as  the  UN  Observer  Mission  in  El  Salvador  (ONUSAL)  and  the  UN 
Development  Programme  (UNDP)  have  become  involved  in  mediating  and  implementing  key 
elements  of  the  peace  process  related  to  economic  and  social  recovery  and  rehabilitation, 
these  activities  have  been  framed  within  the  broader  task  of  peace-building.   This  includes  an 
emphasis  on  "reforming  or  strengthening  governmental  institutions  and  promoting  formal  and 
informal  processes  of  political  participation."4 

Three  efforts  in  particular  have  earned  credibility  for  ONUSAL  and  UNDP  in  this  area: 

1.)       the  program  of  emergency  assistance  for  demobilized  FMLN  combatants; 

2.)       the  program  for  productive  reintegration  of  FMLN  ex-combatants  into  national 

life; 
3.)       negotiations  for  the  reestablishment  of  municipal  authority  in  former  conflict 

zones. 

The  UN  responded  to  the  exigencies  of  each  of  these  situations  with  a  pragmatic,  flexible 
approach  based  on  dialogue  and  participation.    For  example,  in  the  case  of  the  program  of 
emergency  assistance  to  demobilized  FMLN  combatants,  ONUSAL  and  UNDP  were 
prevailed  upon  to  step  in  when  it  became  clear  that  the  peace  accords  did  not  include  any 
specific  provisions  for  such  assistance.     The  UNDP  involved  the  FMLN,  the  Government  of 
El  Salvador,  various  non-governmental  organizations  (NGOs),  and  other  UN  agencies  in 
designing  the  assistance  program.    It  then  established  a  Coordinating  Committee  of  these 
same  entities  that  met  at  least  weekly.    The  Committee  discussed  implementation  problems, 
and  served  as  a  forum  to  resolve  disputes  among  the  parties.    UNDP  has  formed  similar 
working  committees  to  address  especially  difficult  issues  related  to  the  reintegration  of 
FMLN  ex-combatants,  such  as  land  tenancy,  housing,  and  credit. 

Both  UNDP  and  the  FMLN  consider  the  program  to  assist  the  demobilized  a  success, 
notwithstanding  a  variety  of  problems  encountered.    In  the  view  of  UNDP,  broad 
participation  was  critical  to  success: 

"The  genuine  participation  in  the  implementation  of  the  Programme  by  the 
beneficiaries  themselves,  by  the  popular  organizations  and  NGOs  already  working  in 
the  ex-conflict  zones  and  by  national  authorities  such  as  the  Ministries  of  Education 
and  Health  was  the  deciding  factor  in  ensuring  that  the  Programme  responded  to  the 
specific  and  varying  needs  of  the  ex-combatants  and  in  paving  the  way  for  longer- 
term  attention  to  the  ex-combatants  and  their  communities."5 


4.  ibid. 

5.  United  Nations  Development  Programme.  "Final  Progress  Report:  Emergency 
Programme  for  Persons  in  Process  of  Demobilization  in  El  Salvador."  United 
Nations  Regional  Bureau  for  Latin  America  and  the  Caribbean,  February  1993. 


107 


The  dialogue  and  participation  that  contributed  to  the  success  of  these  efforts  has  helped  to 
established  a  climate  more  conducive  to  further  dialogue  and  has  encouraged  efforts  to 
normalize  relations  among  previously  estranged  sectors  of  Salvadoran  society.    While  this  is 
perhaps  one  of  the  most  important  accomplishments  of  the  past  year,  the  circumstances  under 
which  the  recent  amnesty  law  was  approved  demonstrate  the  fragility  of  this  process  and  are 
surely  a  setback  for  further  reconciliation. 

Institutional  Reform  Can  Benefit  from  a  Variety  of  Programs 

A  critical  task  of  peace-building  is  the  reform  of  institutions-both  governmental  and  non- 
governmental-whose  operations  have  been  defined  by  the  logic  of  war.    This  issue  surfaced 
initially  in  El  Salvador  when  the  government  chose  to  create  a  Secretariat  for  National 
Reconstruction  (SRN)  from  the  existing  CONARA  (National  Commission  for  the  Restoration 
of  Areas).    Objections  to  the  transfer  of  CONARA  to  the  SRN  were  based  on  the  agency's 
earlier  involvement  in  counterinsurgency  programs  and  the  belief  that  such  a  history  would 
limit  its  ability  to  contribute  to  necessary  reconciliation.    The  government  nevertheless  opted 
for  this  course,  arguing  that  "spreading  limited  human  resources  too  thinly  or  experimenting 
with  new  mechanisms  is  likely  to  be  counterproductive."6 

In  fact,  during  the  year  several  major  new  programs  have  been  initiated  that  will  provide  an 
opportunity  to  experiment  with  new  mechanisms.    The  International  Fund  for  Agricultural 
Development  has  launched  a  $37.5  million,  six  year  agricultural  development  pilot  project  in 
Chalatenango.   The  project,  which  will  involve  all  of  the  relevant  governmental  and  non- 
governmental organizations  as  well  as  beneficiaries,  will  focus  on  training  and  capacity 
building  of  campesino  organizations,  economically  sustainable  production  methods,  recovery 
and  management  of  natural  resources,  support  for  rural  women-all  within  the  context  of 
overall  departmental  development. 

The  IFAD  project  establishes  mechanisms  at  each  level,  from  local  to  national,  for  broad 
participation  in  program  design,  management,  and  evaluation.    In  addition.  NGOs  with 
experience  working  in  Chalatenango  will  have  specific  roles  in  program  implementation. 
The  Government,  the  FMLN,  and  NGOs  working  in  Chalatenango  already  have  signed  a 
Memo  of  Understanding  concerning  the  project. 

This  and  other  new  programs  will  make  it  possible  to  evaluate  a  variety  of  institutional 
arrangements  and  program  approaches.    The  lessons  from  these  differing  methods  and 
institutional  configurations  should  make  a  useful  contribution  toward  determining  the  most 
effective  approach  to  sustainable  development  and  genuine  democracy  in  El  Salvador. 


The  Republic  of  El  Salvador.    "National  Reconstruction  Plan:    Report  to  the 
Consultative  Group."    Ministry  of  Planning  and  Coordination  of  Economic  and  Social 
Development,  March  23,  1992,  p.  9. 


108 


PEACE-BUILDING  AND  NON-GOVERNMENTAL  ORGANIZATIONS 

The  Debate  Over  Participation 

Non-governmental  and  popular  organizations  as  well  as  other  expressions  of  civil  society 
(trade  unions,  cooperatives,  etc.)  are  critically  important  in  the  process  of  peace-building. 
These  organizations  serve  as  vehicles  by  which  various  sectors  of  Salvadoran  society  are  able 
to  articulate  and  address  their  pressing  economic,  social,  and  political  needs.   They  are  the 
gateway  to  the  indispensable  knowledge  and  productive  energy  of  the  intended  beneficiaries 
of  development. 

The  early  months  of  the  post-war  period  included  a  heated  debate  over  the  role  of  non- 
governmental organizations  in  economic  recovery  and  rehabilitation  activities.    Many  of  the 
NGOs  with  experience  working  in  the  former  conflict  zones  sought  an  institutionalized  role 
in  the  formulation  of  an  overall  strategy  for  recovery  and  rehabilitation  that  would  lay  the 
groundwork  for  more  equitable  long-term  development.   The  government  viewed  the  NGOs 
primarily  as  non-bureaucratic,  inexpensive  social  service  providers  with  limited  program 
capacity  and  serious  managerial  and  fiscal  accountability  weaknesses. 

Over  the  past  year,  non-governmental  and  popular  organizations  have  won  a  broader  role  in 
decision-making  on  a  limited  basis  in  a  number  of  ways  including: 

participation  in  municipal  reconstruction  committees  formed  as  part  of  the 

ONUSAL-brokered  agreement  on  the  reestablishment  of  municipal  authority; 

inclusion  of  local  NGOs  and  community  organizations  in  the  open  town 

meetings  of  the  Municipalities  in  Action  program; 

participation  in  the  emergency  assistance  programs  for  demobilized  FMLN 

combatants; 

participatory  mechanisms  of  the  IFAD-sponsored  agricultural  development 

project  in  Chalatenango. 

The  Government  agreed  to  these  participatory  mechanisms  in  response  to  the  initiative  and- 
in  some  cases—considerable  pressure  from  international  sources.    These  mechanisms  offer  the 
the  possibility  of  genuine  empowerment  and  deepening  democracy,  with  all  of  the  political 
unpredictability  that  comes  with  genuine  democracy.    Whether  these  mechanisms  will  be 
consolidated  and  others  created  and  recognized  represents  a  test  of  the  commitment  of  the 
government  and  its  international  supporters  to  the  flowering  of  full-fledged  democracy  in  El 
Salvador. 

NGO-Activities  in  the  Post-Conflict  Period 

The  gravity  of  the  needs  of  the  affected  populations,  the  expectations  created  at  the  local 
level  by  the  peace  agreements,  and  the  dynamics  created  by  the  upcoming  national  and  local 
elections  have  compelled  many  of  the  non-governmental  organizations  to  seek  accommoda- 
tion with  the  government  and  to  begin  to  negotiate  terms  for  the  use  of  official  funds.    Three 


109 


of  the  five  NGOs  of  the  Concertacion7  are  negotiating  or  have  signed  agreements  with  the 
SRN.    In  several  cases  a  third  party  (such  as  AID  or  the  World  Food  Programme)  has  also 
been  involved  in  negotiating  the  agreement. 

Non-governmental  organizations  have  undertaken  a  variety  of  economic  recovery  and 
rehabilitation  programs  using  funds  from  European,  Nordic,  and  Canadian  governments, 
sometimes  through  NGOs  from  those  countries  and  sometimes  direcdy  from  the 
governments.    The  NGOs  have  also  been  contracted  by  the  UN  Development  Programme  to 
conduct  needs  assessments  in  the  former  conflict  zones.    Some  NGOs  are  implementing 
projects  intended  to  foster  reconciliation  and  consensus  building  at  the  local  level. 

These  groups  are  also  engaged  in  a  number  of  organizational  changes  intended  to  equip  them 
for  the  post-war  peace-building  period  and  for  efforts  to  build  a  more  equitable  future  for 
their  country.    Among  these  changes  are: 

a  heavy  emphasis  on  training  and  capacity  building,  for  which  they  are 

receiving  significant  support  from  international  NGOs  with  whom  they  have 

worked  in  the  past; 

greater  operational  collaboration  and  strategic  coordination  among  NGOs,  a 

tendency  toward  specialization,  and  efforts  to  agree  on  an  appropriate  division 

of  labor  between  non-governmental  and  popular  organizations; 

development  of  new  methodologies  that  emphasize  self-help  and  discourage 

attitudes  of  passivity  and  expectations  of  hand-outs; 

efforts  to  articulate  new  organizational  models,  and  new  development  strategies 

both  on  the  macro-  and  the  micro-  levels. 

A  serious  unresolved  problem  concerns  the  failure  of  the  government  to  grant  legal  status  to 
a  number  of  non-governmental  organizations  whose  petition  has  been  pending  for  some  time. 
ONUSAL  has  intervened  on  behalf  of  one  organization,  but  without  positive  results  to  date. 
Failure  to  receive  legal  status  will  impede  efforts  by  these  groups  to  secure  funds  from 
official  sources. 

CONTINUING  CONCERNS  AND  RECOMMENDATION 

Relations  Between  Government  and  NGOs 

Has  the  post-conflict  peace-building  in  El  Salvador  produced  "sustained  cooperative  work  to 
deal  with  underlying  economic,  social,  cultural  and  humanitarian  problems?"    While  some 
degree  of  cooperation  has  been  achieved,  much  more  is  needed.    One  cannot  conclude, 
despite  some  progress,  that  the  SRN  and  the  broad  range  of  NGOs  have  established  a 


7  .         La  Concertacion  de  Organizaciones  No  Gubernamentales  que  Trabajan  Con 
Refugiados.  Retornados  y  Desplazados  en  El  Salvador.     Its  members  include 
FASTRAS.  ASDI,  CORDES,  FUNSALPRODECE,  and  REDES. 


110 


working  relationship  based  on  mutual  recognition  of  appropriate  division  of  labor  between 
governmental  and  non-governmental  organizations.    The  establishment  of  such  a  relationship 
needs  to  be  given  a  significantly  high  priority  within  the  Secretariat  for  National 
Reconstruction. 

The  Salvadoran  non-governmental  and  popular  organizations,  inc!udinD  those  who  have 
worked  in  the  NRP  target  areas,  are  willing  and  able  to  make  important  contributions  to  the 
economic  recovery  and  rehabilitation  of  their  country.   Their  ability  to  relate  to  and  articulate 
the  needs  of  the  intended  beneficiaries  is  key  to  developing  and  implementing  effective, 
sustainable  programs. 

The  lack  of  familiarity  with  non-governmental  and  popular  organizations  on  the  part  of  the 
SRN  (as  well  as  on  the  part  of  AID  and  the  General  Accounting  Office)  combined  with  the 
overriding  emphasis  that  has  been  placed  on  NGO  ability  to  meet  fiscal  accountability 
requirements  has  impeded  movement  toward  the  establishment  of  a  productive  working 
relationship  between  the  broad  spectrum  of  non-governmental  organizations  and  the 
government.8   In  addition,  the  government  seems  to  have  placed  a  priority  during  the 
contingency  phase  of  channelling  funds  for  infrastructure  projects  through  municipal 
governments.    Such  projects  represent  70  percent  of  the  funds  disbursed  for  this  phase,  as  of 
January  1993  (excluding  funds  for  reintegration  of  ex-combatants). 

Other  donors  agencies  have  developed  methods  for  working  with  the  NGOs  in  social  and 
economic  peace-building  activities,  even  as  they  seek  to  help  them  develop  further  their 
operational  and  managerial  capacity.   These  agencies  recognize  and  respect  the  private  and 
independent  nature  of  non-governmental  and  popular  organizations  and  their  pivotal  role  in 
development. 

The  challenge  of  normalizing  relations  is  made  more  difficult  in  the  climate  leading  to  the 
1994  elections.    It  is  important  that  donors  be  cognizant  of  the  potential  political  impact  of 
their  contributions  and  make  whatever  adjustments  may  be  necessary  to  ensure  to  the 
maximum  extent  possible  non-partisanship  in  their  assistance. 

The  Continuing  Debate  Over  Participation 

The  need  to  establish  the  basis  for  equitable,  sustainable  development  dictates  not  only  that 
the  government  and  NGOs  establish  a  constructive  working  relation,  but  that  the  broader 
question  of  popular  participation  be  revisited.    The  issue  has  been  set  aside  in  recent  months 


This  lack  of  understanding  is  demonstrated  by  the  list  of  45  "NGOs"  receiving  funds 
from  the  SRN,  which  has  been  cited  by  AID  and  GAO.    This  list  fails  to  distinguish 
among  community  associations,  cooperatives,  development  and  human  promotion 
NGOs,  labor  organizations,  the  Chamber  of  Commerce,  private  training  institutions, 
and  national  affiliates  of  US  organizations. 


Ill 


as  energies  have  shifted  to  serving  the  immediate  needs  of  the  population  and  to  experiment- 
ing with  more  participatory  mechanisms  at  the  local  level. 

International  donors,  both  governmental  and  non-governmental,  can  help  to  initiate  greater 
understanding  about  this  issue  within  El  Salvador.    Specifically,  they  can  reinforce  their 
support  for  civil  society  by  emphasizing  that  sustainability  of  development  projects  is  linked 
in  large  measure  to  broad  participation  in  planning,  implementation,  and  evaluation.   Some 
of  the  most  important  progress  in  this  regard  in  Central  America  has  been  accomplished 
through  the  CIREFCA  process  (International  Conference  on  Central  American  Refugees). 
One  of  the  most  important  elements  of  the  CIREFCA  process  has  been  the  expectation  that 
national  governments  and  national  NGOs  would  reach  consensus  on  proposed  assistance 
programs. 

USAID's  approach  to  popular  participation  in  El  Salvador  has  focused  largely  on  the 
Municipalities  in  Action  (MEA)  Program.    It  is  important,  as  part  of  AID'S  contribution  to 
post-conflict  peace-building,  both  to  evaluate  MEA  and  to  move  beyond  MEA  to  a  more 
thorough  review  of  AID  methodology.    Important  lessons  concerning  AID  and  participation 
could  be  learned  from  the  experience  of  the  Development  Fund  for  Africa  as  well  as  from 
other  international  development  agencies  that  are  seeking  to  adopt  a  more  participatory 
approach9. 

Need  for  Monitoring  and  Evaluation 

Finally,  the  peace-building  process  in  El  Salvador  deserves  careful  monitoring  and  evaluation 
both  to  assure  that  the  resources  coming  into  the  country  are  being  used  effectively  for 
programs  that  are  sustainable,  as  well  as  to  preserve  the  lessons  of  this  experience  that  may 
be  useful  to  other  post-conflict  situations. 

Recommendations 

In  conclusion,  I  would  offer  the  following  specific  recommendations: 

1.  U.S.  economic  aid  to  El  Salvador  should  be  conditioned  on  full  compliance  with  the 

provisions  of  the  peace  accords. 


Recently  the  UN  Development  Programme,  for  example,  met  for  two  days  with 
Central  American  NGOs  from  the  Regional  Association  on  Forced  Migration 
(ARMIF)  as  well  as  other  NGOs  to  discuss  UNDP  involvement  in  human 
development  and  the  possibility  of  future  cooperation  and  collaboration  between 
UNDP  and  NGOs. 

See  also,  AID.    "Local  Participation  in  the  Design  and  Implementation  of  DFA 
Programs:  Some  Lessons  From  the  Field."    Washington:  AID  Bureau  for  Africa, 
November  1992. 


112 


2.  USAID  should  undertake  an  evaluation  this  year  of  the  Municipalities  in  Action 
Program  involving  evaluators  well-versed  in  issues  of  popular  participation,  as  well  as 
representatives  of  Salvadoran  and  US  NGOs. 

3.  The  U.S.  should  configure  its  assistance  during  the  coming  year  in  a  way  that 
minimizes  its  partisan  political  impact.    In  particular,  if  the  SRN  is  unable  to  channel 
significantly  more  funds  for  social  development  and  production  through  NGOs  to  the 
priority  target  areas,  then  the  US  should  reduce  its  contribution  and  seek  others 
channels  that  are  likely  to  be  more  successful  in  this  regard. 

4.  The  U.S.  should  identify  and  implement  mechanisms  to  involve  local  NGOs  in  AID 
programs,  including  making  more  use  of  local  or  regional  resources  for  consulting, 
technical  assistance,  training,  and  capacity  building  within  AID-funded  programs. 

5.  The  U.S.  should  advocate  with  the  Salvadoran  government  on  behalf  of  Salvadoran 
NGOs  awaiting  approval  of  their  legal  status. 

6.  AID  should  contract  with  an  agency  with  demonstrated  experience  in  the  area  of 
popular  participation  to  establish  in  El  Salvador  a  Learning  Group  on  Popular 
Participation  comprised  of  representatives  from  AID,  the  Salvadoran  government, 
national  non-governmental  and  popular  organizations,  US  PVOs  and  perhaps  others. 
The  task  of  the  group  would  be  to  try  to  reach  some  minimum  consensus  about  what 
is  meant  by  popular  participation,  to  review  AID  programs  and  projects  in  light  of 
this  consensus,  and  to  make  recommendations  concerning  steps  AID  could  take  to 
adopt  a  more  participatory  approach  to  development. 

7.  The  US  delegation  to  the  April  1  World  Bank  Consultative  Group  meeting  on  El 
Salvador  should  support  the  suggestion  made  at  last  year's  meeting  that  the  Bank 
establish  a  monitoring  mechanism  to  assess  the  impact  of  the  National  Reconstruction 
Plan. 

Mr.  Chairman.  I  do  believe  that  El  Salvador  has  lessons  to  teach  the  world.    The  final 
success  of  the  peace  process  will  be  measured  by  the  degree  to  which  the  peace  accords  and 
subsequent  peace-building  efforts  create  the  possibility  of  greater  equity  and  well-being  for 
the  majority  of  poor  Salvadorans. 


113 


0WITED  NATI0H8  ^gSffi  WiCIONIS    UNIDAfl 

Commission  on  the  Truth 


SUMMARY 


Introduction 


The  Commission  on  the  Truth  (herein  "Truth  Commission")  was 
so  named  because  its  very  purpose  and  function  have  been  to  seek, 
find  and  make  public  the  truth  about  the  acts  of  violence 
committed  by  both  sides  in  El  Salvador  during  a  civil  war  in 
which  more  than  75,000  Salvadorans  were  killed.  This  report 
attempts  to  set  out,  with  detailed  examples  based  on  extensive 
testimony  and  investigation,  responsibility  for  some  of  the  worst 
and  most  widespread  violations  of  human  rights  in  El  Salvador 
between  1980  and  July  1991. 

Peace  is  always  made  by  those  who  have  fought  the  war.  With 
the  support  of  the  United  Nations,  the  parties  in  conflict 
explicitly  established  this  Commission  and  gave  it  its  mandate 
under  the  peace  accord.  In  so  acting,  the  government  OF  El 
Salvador  and  the  guerrillas  of  the  Farabundo  Marti  National 
Liberation  Front  (FMLN)  abandoned  fratricide  and  embraced  the 
principle  that  the  responsibility  for  acts  of  violence  must  be 
publicly  recognized,  that  victims  must  be  remembered  and  that  the 
perpetrators  must  be  identified. 

This  report  is  based  also  on  the  principle  that  individuals, 
even  those  caught  up  in  the  fury  of  civil  war  and  the  orders  of 
superiors,  are  accountable  for  their  actions.  By  committing 
themselves  to  remember  the  tragic  violence  of  their  recent  past 
and  by  calling  for  accountability  in  their  new  national  quest  for 
peace,  the  Salvadoran  people  and  their  leaders  have  set  a 
standard  that  offers  hope  in  a  world  ravaged  daily  by  newly 
terrible  civil  wars  and  gross  abuses  of  human  rights. 

For  their  vision  and  their  courage  in  embracing  these  ends, 
the  government,  the  former  guerrillas  and  the  people  of  El 
Salvador  deserve  the  praise  and  respect  of  the  international 
community.  The  members  of  the  Truth  Commission  believe  that  El 
Salvador's  commitment  to  face  the  past  will  go  far  to  strengthen 
the  determination  to  find  out  the  truth,  to  put  an  end  to 
impunity  and  cover-up,  ar.d  to  encourage  reconciliation  by  means 
of  democratic  processes  instead  of  violence. 

Bitter  though  the  truth  may  prove  to  be  in  some  cases, 
recognizing  what  happened  in  El  Salvador  is  the  first  essential 
step  to  assuring  that  it  will  not  happen  again.  For  more  than  a 
decade  a  convulsion  of  violence  seized  El  Salvador.  The  army, 
security  forces  and  death  squads  linked  to  them  committed 
massacres,  sometimes  of  hundreds  of  people  at  a  time.  They  also 
carried  out  targeted  assassinations  of  many  others,  including  the 
country's  archbishop  and  six  Jesuit  priests. 

The  FMLN  guerrillas  also  followed  a  logic  of  violence  that 
led  to  grave  human  rights  violations.  They  killed,  kidnapped  and 
disappeared  civilians,  dissidents  within  the  rebel  movement, 
public  officials,  mayors,  judges  and  unarmed  U.S.  military 


114 


personnel. 

This  outburst  of  violence  has  deep  roots  in  a  history  of 
violence  in  El  Salvador  that  permitted  political  opponents  to  be 
defined  as  enemies  to  be  eliminated.  A  mentality  of  violence 
affected  all  sides  in  the  war.  It  was  reinforced  by  the  lack  of  a 
credible  judicial  system.  Such  hatred,  killing  and  acceptance  of 
injustice  must  never  again  be  allowed  in  El  Salvador  to  destroy 
dialogue,  tolerance,  and  reconciliation. 

Truth  alone,  however,  is  not  enough  to  attain  the  further 
goal  of  national  reconciliation  and  reuniting  the  Salvadoran 
family.  Forgiveness  also  is  indispensable.  The  abuses  and  the 
pain  inflicted  on  tens  of  thousands  of  people  in  El  Salvador  will 
not  and  should  not  be  forgotten.  It  is  the  Commission's  hope  that 
the  sense  of  justice  that  truth  gives  voice  to,  will  in  time  help 
them  to  forgive. 

By  accepting  the  challenge  of  truth  and  of  peace,  the 
government  and  the  former  guerrillas  in  El  Salvador  have  assumed 
a  special  responsibility.  Salvadoran  society--  a  society  of 
sacrifice  and  hope —  is  watching  them  from  the  vantage  point  of 
history.  The  future  of  the  nation  summons  them,  a  nation  which  is 
moving  forward  under  the  influence  of  one  dominant  idea:  to  lift 
itself  out  of  the  ruins  in  order  to  hold  high,  like  a  banner,  the 
vision  of  its  future.   It  is  the  Commission's  hope  that  a  more 
just  El  Salvador  will  arise  from  the  ashes  of  a  war  in  which  all 
sides  were  unjust. 

The  Mandate  and  Methodology  of  the  Truth  Commisssion 

The  Commission  was  composed  of  three  international  notables 
selected  by  the  Secretary  General  of  the  United  Nations  in 
consultation  with  the  parties:  Belisario  Betancur,  former 
president  of  Colombia;  Reinaldo  Figueredo  Planchart,  former 
foreign  minister  of  Venezuela;  and  Thomas  Buergenthal,  Professor 
of  Law,  George  Washington  University. 

The  Commission  was  nor  established  as  a  judicial  body. 
Instead  it  was  given  six  months  under  the  terns  of  the  Salvadoran 
peace  accords  to  carry  out  four  main  tasks:  to  clarify  the  worst 
human  rights  abuses  of  the  war  by  all  sides;  to  study  with 
special  care  the  impunity  with  which  the  Salvadoran  military  and 
security  forces  committed  abuses;  to  make  legal,  political  or 
administrative  recommendations  to  prevent  a  repeat  of  past 
abuses;  and,  finally,  to  stimulate  national  reconciliation.  Both 
the  guerrillas  and  the  government  committed  themselves  to  carry 
out  the  Commission's  recommendations. 

In  seeking,  as  mandated,  the  most  thorough  accounting 
possible  of  human  rights  abuses  in  the  war,  this  report  names  the 
institutions  and  those  individuals  whom  the  Commission  found 
responsible  in  the  cases  it  studied. 

The  Commission  received  direct  testimony  from  2000  sources 
relating  to  7000  victims  and  information  from  secondary  sources 
relating  to  more  than  13,000  victims.  Given  this  amount  of 


115 


testimony,  the  Commission  could  only  deal  with  a  small  portion  of 
the  thousands  of  abuses  committed  in  the  war.  It  chose  to  select 
a  sample  of  cases  that  either  reflected  the  most  shocking  events 
of  the  conflict  or  formed  part  of  a  broader,  systematic  pattern 
of  abuse. 

All  witnesses  who  requested  it,  were  guaranteed 
confidentiality  to  protect  their  lives  and  encourage  frankness. 
Based  on  the  number  of  corrroborating  accounts  and  other  evidence 
in  a  particular  case,  the  Commission  used  three  levels  of 
certainty  in  reaching  its  conclusions:  overwhelming  evidence, 
substantial  evidence  and  sufficient  evidence.  Some  cases  could 
not  be  resolved.  The  testimony  of  a  single  witness  or  other 
single  source,  no  matter  how  compelling,  was  deemed  insufficient 
to  make  a  judgment  if  not  backed  up  by  other  evidence. 

Cases  Studied 

Before  addressing  specific  cases  presented  in  the  report, 
the  Commission  also  provides  a  chronological  overview  of  the 
history  of  violence  from  1980  to  1991. 


1.  The  killings  of  six  Jesuit  priests 


Extra-judicial  killings: 

San  Francisco  Guajoyo 

Six  leaders  of  the  Democratic  Revolutionary  Front 

Four  American  churchwomen 

El  Junquillo 

Four  Dutch  journalists 

Attack  on  FMLN  hospital  and  execution  of  a  nurse 

Las  Hojas 

San  Sebastian 

Garcia  Arandigoyen 

FENASTRAS  and  COMADRES 

Hector  Oqueli 

Forced  Disappearances: 
Ventura  and  Mejia 
Rivas  Hernandez 
Chan  Chan  and  Massi 

Massacres  of  peasants  by  the  army: 
El  Mozote 
Rio  Sumpul 
El  Calabozo 

Death  Squad  Killings: 

Archbishop  Oscar  Arnulfo  Romero 

Mario  Zamora 

Tehuicho 

Killings  of  agrarian  reform  advisers  at  Sheraton  Hotel 


116 


6.  Violence  by  the  FMLN: 
Murder  of  mayors 
Zona  Rosa 

Herbert  Ernesto  Anaya  Sanabria 
Napoleon  Romero  Garcia  (Miguel  Castellanos) 
Francisco  Peccorini  Lettona 

Attorney  General  Jose  Roberto  Garcia  Alvarado 
Jose  Francisco  Guerrero 

Two  American  survivors  of  a  helicopter  shot  down  by  the  FMLN 
Kidnapping  of  Ines  Duarte  and  Villeda 
Murder  of  a  judge  in  Carolina 

Summary  of  conclusions  in  some  of  the  major  cases  studied 

1.  Jesuit  Priests: 

The  Commission  found  that  in  November  1989,  several  members 
of  the  Salvadoran  Army  high  command  ordered  the  murder  of  the 
Jesuits.  Officers  at  the  military  academy  organized  the  killings. 
Elements  of  the  army  Atlacatl  battalion  murdered  the  six  priests, 
their  housekeeper  and  her  young  daughter;  then  atttempted  to 
leave  evidence  falsely  implicating  the  rebel  FMLN. 

For  their  part  in  ordering  the  killings,  the  Commission 
calls  for  the  immediate  dismissal  and  banning  forever  from 
military  and  security  duties  of  Defense  Minister,  General  Rene 
Emilio  Ponce;  Vice-Minister  General  Orlando  Zepeda;  former  vice- 
minister  of  public  security  Col.  Inocente  Kontano;  Chief  of 
Staff,  General  Gilberto  Rubio  Rubio;  former  Air  Force  commander, 
General  Juan  Rafael  Bustillo;  Col.  Francisco  Elena  Fuentes,  and 
Col.  Guillermo  Alfredo  Benavides.  For  their  part  in  ccvering-up 
the  killings,  the  Commission  cites  Army  chief  of  staff  General 
Gilberto  Rubio  Rubio;  the  former  commander  of  the  Atlacatl 
battalion,  Ccl .  Oscar  Alberto  Leon  Linares;  and  the  legal  adviser 
to  the  army  high  command,  Rcdolfo  Antonio  Parker  Soto. 

2.  El  Mozote:  The  Commission  finds  that  the  army  killed  over  200 
people  in  El  Mozote,  including  women  and  children  in  1980.   It 
cites  former  Atlacatl  battalion  commander  Col.  Domingo  Monterrosa 
Barrios;  Col.  Natividad  de  Jesus  Caceres  Cabrera,  a  major  at  the 
time  of  the  massacre.   The  Commission  also  cites  Supreme  Court 
President  Mauricio  Gutierrez  Castro  for  improper  interference  in 
the  judicial  proceedings  concerning  the  investigation  of  the 
massacre. 

3.  Archbishop  Oscar  Arnulfo  Roaero:   The  Commission  finds  that 
Major  Roberto  D'Aubuisson  ordered  the  assassination  of  the 
Archbishop  and  that  Army  Capt.  Eduardo  Avila  and  former  Capt. 
Alvaro  Saravia,  as  well  as  Fernando  Sagrera  played  an  active  role 
in  the  assassination.   The  Commission  further  finds  that  the 
Supreme  Court  of  El  Salvador  played  an  active  role  in  impeding 
the  extradition  from  the  United  States  of  Capt.  Saravia. 

4.  Assassinations  of  Mayors  by  the  FMLN:   The  Commission  finds 


117 


that  the  General  Command  of  the  FMLN  approved  the  killing  of 
civilian  mayors  and  that  the  People's  Revolutionary  Army  (ERP)  of 
the  FMLN  was  responsible  for  the  killing  of  at  least  eleven 
mayors.   The  Commission  cites  ERP  commandantes  Joaquin 
Villalobos,  Ana  Guadelupe  Martinez,  Mercedes  del  Carmen  Letona, 
Jorge  Melendez,  and  Marisol  Galindo  for  having  responsibility  for 
the  executions. 


Recommendations 


The  Truth  Commission  concluded  its  report  with  wide-ranging 
recommendations  aimed  at  removing  human  rights  violators  from 
public  offices,  reforming  the  justice  system  and  the  Armed 
Forces,  as  well  as  to  promote  human  rights,  democracy,  the  rule 
of  law  and  national  reconciliation. 

I.  Those  cited  for  human  rights  abuses  in  the  report 

The  Commission  recommends  that  those  individuals  it  found  to 
be  responsible  for  serious  abuses  of  human  rights  who  today  hold 
public  or  military  office  should  be  removed  immediately.  They 
should  also  not  have  access  to  public  office,  or  a  public  role, 
in  El  Salvador  for  at  least  10  years.  They  should  also  be 
prohibited  from  ever  holding  any  military  or  security 
responsibility. 

Based  on  its  investigation,  the  Commission  calls  for  the 
removal  from  the  Salvadoran  armed  forces  or  from  any  other  public 
office  of  more  than  40  military  personnel.  They  include  Minister 
of  Defense  General  Rene  Emilio  Ponce;  Vice-Minister,  General 
Orlando  Zepeda;  Chief  of  Staff  Gen.  Gilberto  Rubio  Rubio,  former 
Air  Force  commander,  General  Juan  Rafael  Bustillo;  former  vice- 
minister  for  public  security,  Col.  Inocente  Montano;  Col. 
Francisco  Elena  Fuentes  and  former  commander  of  the  Atlacatl 
battalion,  Col.  Oscar  Alberto  Leon  Linares,  among  others.  All  of 
the  above  officers  are  cited  for  their  role  in  either  ordering  or 
concealing  the  murder  of  six  Jesuit  priests,  along  with  their 
housekeeper  and  her  daughter.  Former  National  Guard  commander, 
General  Eugenio  Vides  Casanova,  is  cited  for  playing  a  role  in 
the  cover-up  of  the  murders  of  four  American  religious  workers. 

The  Commission  also  recommends  that  former  rebel  FKLN 
leaders  be  barred  from  holding  public  office  for  a  decade.  They 
include  the  commandantes  Joaquin  Villalobos,  Ana  Guadalupe 
Martinez,  and  Jorge  Melendez,  among  others.  They  are  cited  as  the 
commanders  responsible  for  the  murders  of  more  than  11  civilian 
mayors . 

The  Commission  also  lists  Captain  Alvaro  Saravia  and  Captain 
Eduardo  Avila  for  the  murder  of  Archbishop  Oscar  Arnulfo  Romero. 
Avila  is  also  cited,  along  with  Lt.  Rodolfo  Isidro  Lopez  Sibrian 
and  Major  Mario  Denis  Moran  as  being  responsible  for  either 


118 


ordering  or  concealing  the  killings  of  three  agrarian  reform 
advisers  at  the  Sheraton  hotel. 

The  Commission  cites  some  former  military  officers  who  are 
now  deceased,  hut  who  played  a  major  role  in  the  civil  war.  They 
include  former  Major  Roberto  D'Aubuisson,  who  is  cited  for 
organizing  death  squads  and  ordering  the  murder  of  Archbishop 
Romero.  Also  cited  is  deceased  Col.  Domingo  Monterrosa  Barrios, 
for  being  the  commander  in  charge  of  the  massacre  at  El  Mozote. 

The  Commission  cites  civilian  participants  in  human  rights 
abuses.  Among  these  is  Fernando  (El  Negro)  Sagrera,  for  helping 
plan  the  murder  of  Archbishop  Romero  and  Hans  Christ  for 
assisting  in  the  killing  of  three  agrarian  reform  experts  at  the 
Sheraton  hotel.  Rodolfo  Antonio  Parker  Soto,  former  legal  adviser 
to  the  Army  high  command,  is  cited  for  helping  conceal  the  role 
of  senior  officers  in  the  killing  of  the  six  Jesuit  priests. 
Hector  Antonio  Regalado,  the  former  head  of  security  for  Roberto 
D'Aubuisson,  is  cited  for  organizing  and  managing  death  squads. 

The  president  of  the  Supreme  Court,  Dr.  Mauricio  Gutierrez 
Castro  is  cited  for  improper  interference  in  the  legal 
investigation  of  the  massacre  of  El  Mozote. 

II.  The  FMLN 

In  broad  terms,  the  Commission  finds  the  FMLN  responsible 
for  having  committed  "grave  acts  of  violence"  including 
assassinations,  disappearances  and  kidnappings  during  the  war 
that  violated  human  rights  and  humanitarian  law.  The  Commission 
received  acre  than  300  denunciations  of  grave  violations  by  the 
FMLN,  including  nearly  400  killings  and  over  300  disappearances. 

The  Commission  calls  on  the  FMLN  to  renounce  forever  all 
forms  of  violence  in  the  pursuit  of  political  ends. 

III.  The  Armed  Forces 

The  vast  majority  of  abuses  studied  by  the  Commission  were 
committed  by  members  of  the  armed  forces  or  groups  allied  to 
them.  In  order  to  promote  the  urgent  need  in  El  Salvador  to 
professionalize  the  military,  bring  it  under  civilian  control  and 
instill  it  with  a  respect  for  human  rights,  the  Commission  makes 
the   following  recommendations: 

1)  Immediate  removal  from  the  military  of  all  officers  cited 
for  human  rights  and  other  major  violations. 

2)  Steps  to  assure  civilian  control  of  military  promotions, 
the  military  budget  and  all  intelligence  services. 

3)  A  new,  legally  backed,  provision  permitting  military 
personnel  to  refuse  to  obey  unlawful  orders. 

4)  Steps  to  cut  all  ties  between  the  military  and  private 
armed  groups  or  other  paramilitary  groups. 

5)  The  profound  study  of  human  rights  at  the  military 
academy  and  in  other  officer  training  courses. 


119 


IV.  Death  Squad* 


The  Commission  finds  that  death  squads,  often  operated  by 
the  military  and  supported  by  powerful  businessmen,  land-owners 
and  some  leading  politicians,  have  long  acted  in  El  Salvador  and 
remain  a  potential  menace.  The  Commission  received  testimony  on 
more  than  800  victims  of  death  squads. 

This  problem  is  so  serious  that  the  Commission  calls  for  a 
special  investigation  of  death  squads  in  order  to  reveal  and  then 
put  an  end  to  such  activity.  The  commission  is  especially 
concerned  by  the  close  relation  between  the  military,  hired 
assassins  and  extremists  within  the  Salvadoran  business  community 
and  some  affluent  families,  who  resorted  to  killing  to  settle 
disputes.   This  practice  must  end. 

The  Commission  also  is  concerned  that  Salvadoran  exiles 
living  in  Miami  helped  administer  death  squad  activities  between 
1980  and  1983,  with  apparently  little  attention  from  the  U.S. 
government.  Such  use  of  American  territory  for  acts  of  terrorism 
abroad  should  be  investigated  and  never  allowed  to  be  repeated. 

V.  The  Justice  System 

The  Commission  finds  that  the  system  of  justice  in  El 
Salvador  is  highly  deficient.  It  makes  several  recommendations  to 
address  this  profound  problem  that  permitted  the  abuse  of  human 
rights  in  El  Salvador. 

1)  The  report  calls  for  the  immediate  implementation  of 
constitutional  reforms  requiring  the  turnover  of  the  present 
members  of  the  Supreme  Court.  In  particular,  the  president  of  the 
court,  Dr.  Mauricio  Gutierrez  Castro,  is  cited  for  unprofessional 
conduct. 

2)  Bring  about  a  true  separation  of  powers  between  the 
executive,  legislature  and  the  judiciary  in  order  to  de- 
politicize  the  administration  of  justice  and  in  particular  the 
Supreme  Court  in  El  Salvador. 

3)  The  power  of  the  head  of  the  Supreme  Court  and  its 
centralized  power  over  the  rest  of  the  judiciary  should  be 
reduced. 

4)  The  report  calls  for  the  already  created  Independent 
Judicial  Council  to  be  made  truly  independent,  so  that  it  can 
oversee  the  functioning  of  the  judicial  system.  This  group  will 
review  the  professional  capacity  of  all  serving  judges.  This 
group  should  be  given  the  power  to  appoint  or  remove  judges, 
taking  that  power  away  from  the  Supreme  Court. 

5)  Judges  should  be  provided  adequate  salaries. 

6)  Extra-judicial  confessions  should  be  prohibited;  the 
right  to  a  lawyer  should  be  strengthened;  strict  limits  should  be 
placed  on  pre-trial  detention;  those  who  can  order  detentions 
should  be  limited  and  defined;  the  right  of  habeas  corpus  and  the 
presumption  of  innocence  should-  be  strengthened. 

7)  A  list  should  be  kept  and  made  public  of  all  detention 


120 


centers  and  all  those  who  are  detained  in  them. 

8)  The  new  civilian  national  police  force  should  be  fully 
supported. 

VI.  Human  Rights 

El  Salvador  needs  to  fortify  awareness  of  and  respect  for 
human  rights.  The  new  office  of  the  National  Counsel  for  the 
Defense  of  Human  Rights  should  be  strengthened  and  extended  to 
have  regional  offices  in  each  department  of  the  country. 
Officials  in  the  human  rights  office  should  be  allowed  access 
anywhere  in  the  country.  The  constitution  should  guarantee  human 
rights.  El  Salvador  should  ratify  and  implement  all  major  human 
rights  accords  not  already  approved  by  it.  The  Commission  also 
urges  El  Salvador  to  accept  the  jurisdiction  of  the  Inter- 
American  Court  of  Human  Rights,  something  all  other  Central 
American  states  have  done. 


VII.  Punishment 

The  Commission  feels  justice  demands  punishment  for  the 
violations  of  human  rights.  But  it  is  not  itself  constituted  to 
specify  sanctions  and  recognizes  that  the  present  Salvadoran 
}udicial  system  is  incapable  of  fairly  assessing  and  carrying  out 
punishment.  Therefore  the  Commission  feels  it  cannot  recommend 
judicial  proceedings  in  El  Salvador  against  the  persons  named  in 
its  report  until  after  judicial  reforms  are  carried  out. 

VIII.  National  Reconciliation 


The  Commission  believes  that  justice  also  demands  that  the 
victims  of  huirsn  rights  violations  by  all  sides  in  the  war  be 
publicly  recognized  and  be  given  material  compensation.  The 
report  lists  the  names  of  core  than  18,000  victims  it  received 
testimony  on. 

The  report  calls  for  a  special  fund  to  be  established  for 
this  purpose.  It  will  be  given  resources  by  the  government  and  be 
supported  by  a  recommendation  that  one  per  cent  of  all  foreign 
aid  be  directed  to  the  fund.  The  Commission  expresses  the  hope 
that  the  international  community  will  assist  the  government  of  El 
Salvador  to  carry  out  this  recommendation. 

A  national  monument  should  be  erected,  listing  the  names  of 
all  the  victims  of  the  war.  A  national  annual  holiday  should  be 
declared  to  remember  the  dead  and  celebrate  reconciliation. 

This  report  should  be  discusssed  and  analyzed  at  a  national 
public  forum  in  El  Salvador. 

The  Commission  calls  on  the  United  Nations  to  monitor 
compliance  with  all  recommendations  made  here,  as  agreed  by  the 
parties  to  the  peace  accord. 


121 


EL   SALVADOR'S   NATIOKAL   RBCOM8TRUCTI0N   PLAN:    INDICATIONS   OF    BILATERAL 
AND  MULTILATERAL  SUPPORT  PROM  THE  MARCH  23,    1992   CONSULTATIVE  GROUP  MEETING1 


COUNTRY 

PLEDGE 

(Million 

US*) 

MOTES 

Austria 

$    5.0 

Support  for  various  aacton,  particularly  electric  power. 

Canada 

*    4.2 

Support  contingent  on  continued  progress  In  peace  process  and  will  be 
provided  through  community  groups  and  partner  organizations. 

Columbia 

-- 

No  commitment  of  future  funds;  possible  technical  assistance  In  the 
future. 

Denmark 

$    0.2 

Participating  primarily  as  observer,  but  provided  support  in  response 
to  U.N.  appeal  after  signing  of  Peace  Accords..  Hopes  to  channel 
regional  funds  to  El  Salvador  In  future. 

Finland 

»    1-2 

Support  for  repatriation  program  through  cirzfca,  the  International 
Commission  for  Refugees,  and  churches. 

Franca 

- 

Future  aid  will  be  provided  through  European  Community,  although 
separate  agreement  for  $0.6  million  in  food  aid  was  signed  in  February 
1992. 

Garmany 

J   30.8 

19. 3  million  is  earmarked  for  technical  cooperation,  partly  for  the 
reintegration  of  ex-combatants;  pledge  does  not  include  funds  channeled 
through  multilateral  organizations  or  NGOs. 

Italy 

-- 

No  commitment,  but  intends  to  provide  future  support  and  contine  to 
support  European  Community  and  United  Nations  Development  Program 
efforts. 

Japan 

$    5.0 

Emergency  assistance  for  former  confllctlve  areas,  resettlement  of 
refugees,  and  potable  water.  Also  prepared  to  make  other  contributions 
comparable  to  those  of  largest  donors. 

Mexico 

-- 

Participating  as  observer,  but  cited  the  substantial  bilateral  support 
provided  to  date. 

Netherlands 

-- 

Intends  to  provide  future  support  to  be  discussed  with  officials  of  the 
El  Salvadoran  government. 

Norway 

- 

No  firm  commitment  but  anticipates  contribution  to  reach  $5  million  in 
1992  channeled  through  the  United  Nations  and  NGOb. 

Portugal 

" 

Participating  as  observer;  contributions  channeled  through  European 
Community. 

Spain 

$    5.0 

Providing  $4.0  million  for  U.N.  High  Commission  for  Refugees,  and  $1.0 
million  for  the  civilian  police  academy,  and  support  through  Inter- 
American  Development  Bank  and  European  Community. 

Sweden 

$   30.0 

Support  for  3  year  period  ($10  million  per  year),  and  support  for 
refugees  through  CIREFCA  and  NGOs  will  continue. 

Switzerland 

i        6.6 

No  firm  commitment  but  $6.6  million  in  balance  of  payment  support  under 
consideration  for  1992-1993,  and  fact-finding  mission  will  be  sent  to 
El  Salvador. 

United  Kingdom 

" 

Will  continue  support  through  European  Community  and  may  consider  Bmall 
bilateral  program  In  future. 

United  States 

$  250.0 

Support  for  5  year  reconstruction  program. 

Venezuela 

- 

No  commitment  but  assistance  provided  in  past;  looking  forward  to 
future  cooperation  with  government  of  El  Salvador. 

Central  American  Ban* 
for  Economic 
Integration  (CABEI) 

S   83.3 

$77  million  for  3  turbines,  $3.3  million  to  support  small  agricultural 
producers,  $2.5  million  for  vocational  training  and  $0.5  million  in 
emergency  aid. 

122 


European  Community 

$      63.0 

Pledge  for  1992,    with   future  amounts  determined  on  the  basis  of   1992 
effort. 

Inter -American 
Development  Bank   (IOBJ 

$  230.0 

New  loans   under  consideration  for  water  and  energy  projects;      another 
$220  million   from  previously  approved   funds  could  be  redirected  to  NRP 
priorities. 

International  Fund   for 
Agricultural 
Development   (IFAD) 

$        9.0 

Support   for  agriculture  development  projects,   with  possibly  another  $10 
million  to  be  provided. 

United  Nations 
Development  Program 
(UNDP) 

$      50.0 

Support   for  technical  cooperation  over  5  years. 

World  Bank 

$     50.0  to 

100.0 

Support   for  reconstruction  priorities  over  5  years. 

World  Food  Programme 

$        8.0 

Nutritionally  fortified   foods  for  school  children  and  toddlers. 

TOTAL 

%    631.3 

The  total   figure  includes  the  lowest  amount  in  range   for  World  Bank. 

This  table  was  compiled  from  narrative  information  presented  in  the  Meeting  of  the  Consultative  Group  for  El 
Salvador,  Report  of  the  Proceedings  by  the  Chairman,  International  Bank  for  Reconstruction  and  Development,  May  11, 
1992. 


123 


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BOSTON  PUBLIC  LIBRARY 


126 


3  9999  05982  086  8 


MESSAGE  TO  THE  NATION 

BY  TJIE  PRESIDENT  OF  THE  REPUBLIC 

ALFREDO  F.CRTSTIANI 

(March  18,  1993) 


People  of  El  Salvador,  dear  friends  of  the  national  and  international  newt  media,  on 
Monday  the  Secretary  General  of  the  Untied  Nations  released  the  report  of  the  Truth 
Commission,  the  product  of  seven  months  of  work  by  three  persons  appointed  by  the  General 
Secretarial  of  the  United  Nations  to  study  relevant  facts  that  have  impacted  our  society  and 
make  a  series  of  recommendations  for  the  purpose  of  reconciling  Satvadonsn  society  and  to 
attempt  to  prevent,  through  the  dissemination  of  the  truth,  the  recurrence  of  these  events. 

In  the  first  place,  the  Truth  Commission  is  part  of  the  Agreements  signed  at  ChapuUepec 
on  January  16  of  last  year.  Therefore,  the  Truth  Commission  and  its  report  must  be  viewed 
within  the  framework  of  the  agreements  as  an  integral  part  of  them.  It  aids  and  assists  the 
entire  framework  of  the  ChapuUepec  Agreements,  which  governs  the  peace  and  consolidation 
procest  tn  our  country.  Therefore,  the  report  must  be  viewed  not  as  separate  from  the 
agreements  signed  last  year  nor  outside  the  consensus  arrived  at  within  our  society  after  the 
signing  of  the  ChapuUepec  Agreements.  Constitutional  reform  was  the  greatest  consensus 
reached.  Our  country  can  now  count  on  a  Constitution  which  is  the  result  of  the  consensus 
of  all  the  political  forces  in  the  land,  including  the  FMLN.  b  is  also  important  to  remember 
the  goals  which  the  peace  accords  seek,  and  view  the  report  of  the  Truth  Commission  with 
these  goals  tn  mind.  In  April  of  1990  in  Geneva,  the  Geneva  Agreement  was  signed,  setting 
out  clear  goals  for  aO  of  the  subsequent  accords  reached  in  1992,  and  there  were  three 
fundamental  goals  enunciated:  the  consolidation  of  democracy,  respect  for  human  rights,  and 
reconciliation  ofSaivadoran  society. 

Reconciliation  is  important  to  enable  our  country  to  move  forward  from  the  painful  pages 
of  our  history  and  commit  our  energies  toward  creating  a  future  of  welfare,  in  peace  and 
progress  all  Satvadorans  desire. 

In  promoting  reconciliation,  we  believe  the  report  of  the  Truth  Commission  is  not  responsive 
to  that  fond  desire  of  a  majority  of  the  Satvodorun  people,  which  is  precisely  that:  forgiveness 
and  leaving  behind  all  of  that  so  painful  past  which  brought  so  much  suffering  to  the 
Satvadoran  family. 

On  the  other  hand,  it  is  necessary  to  note  that  the  report  of  the  Truth  Commission  has 
extracted,  from  everything  that  has  taken  place  during  the  years  of  violence  tn  our  country  a 
sample  of  the  acts  of  violence  without  thereby  analyzing  the  totality.  In  this  regard,  we  believe 
it  is  important  to  analyze  the  path  we  should  take  when  the  report  only  discusses  certain  cases 


127 


and  individuals.  Of  count  it  it  important,  then  to  sat  what  wt  an  going  to  do  as  to  trust, 
eliminate,  and  forget  the  entire  past;  thus  we  do  not  consider  fair  to  apply  certain  measures, 
be  they  judicial  or  administrative,  to  some,  when  others,  whom  are  discriminated  by  the 
simple  fad  of  not  being  part  of  this  sample  analyzed  by  the  Truth  Commission.  In  this  regard, 
we  consider  this  position  not  from  the  perspective  of  judging  the  guilt  of  specific  individuals, 
but  rather  as  a  real  fact  that  we  don't  considered  convenient  to  act  against  just  a  part  of  ike 
problem,  instead  we  prefer  to  find  a  global  solution  for  everyone. 

Now,  I  would  like  to  read  a  brief  an  excerpt  of  the  epilogue  from  the  report  of  the  Truth 
Commission,  also  to  be  able  to  capture  the  spirit  missing  within  the  Commission.  The 
Passages  that  I'm  about  to  read,  are  related  in  one  way  or  another:  "  The  responsibility  is 
inserted  in  complex  antecedents  of  the  history  of  El  Salvador  and  in  a  peculiar  meeting  of 
universal  history;  hence,  would  not  be  fair  to  attribute  it  to  this  or  that  one  In  particular,  nor 
to  this  or  that  organization  or  party  in  particular".  It  states  later  on:  "Many  of  the  flaming 
figures  of  the  war  period  have  also  shone  during  the  period  of  peace:  old  contradictions  and 
rigidities  contrasting  with  present  approximations  and  coincidences.  Old  combatants  from  all 
sides  have  embraced  and  reencountered  themselves''.  And  it  ends  in  this  special  way:  "But 
U  is  the  Salvadorean  themselves  who  must  make  the  fundamental  decisions  leading  to  the 
fullness  of  peace.  The  Satvadoran  society  has  the  decision  making  capacity  regarding  ancient 
responsibilities  and  new  forfeitures.  Granting  pardon  is  in  its  hands,  h  is  also  that  society 
also,  shaped  by  the  painful  lessons  of  war,  which  must  settle  the  cause  of  new  investitures". 
Therefore,  we  Salvadorans  must  ponder  about  this,  because  the  real  answer  to  our  problems 
must  be  given  by  ourselves.  Thus,  is  why  we  reiterate  a  call  upon  all  of  the  forces  within  our 
country  to  support  a  general  and  absolute  amnesty  to  past  beyond  this  painful  page  in  our 
history  and  to  look  for  a  better  future  for  our  country. 

To  conclude,  we  want  to  say  to  the  people  of  El  Salvador  that  when  we  signed  the  peace 
accords,  we  made  a  commitment  to  comply  with  them,  and  in  the  case  of  the  Truth 
Commission,  the  Government  of  El  Salvador  agreed  to  implement  Us  recommendations.  In 
this  regard,  the  Government  of  El  Salvador  wQl  comply  with  its  commitment  to  implement  the 
recommendations  of  the  Truth  Commission  Report.  We  will  do  so,  of  course,  according  to  the 
Executive  brunch  attributions  and  within  the  framework  of  the  Constitution  and  the  current 
taws  of  the  Republic.  Upon  the  first  global  analysis  done  in  the  last  two  days  on  the  entire 
report,  we  will  now  go  on  to  study  every  single  recommendation  made  by  the  Truth 
Commission  to  seek  its  compliance  within  the  parameters  we  have  alluded  to,  always  seeking 
the  strengthening  of  the  peace  accords  and  the  stability  of  the  same  process  which  we  have 
been  developing  within  our  country,  which  requires  not  only  global  stability,  but  also  the 
stability  of  old  and  new  institutions  which  have  been  created  as  a  result  of  the  peace  accords. 
We  believe  that  we  have  reached  a  stage  In  which  we  should  build  together,  and  this  report 
of  the  Truth  Commission  should  serve  no  lesser  purpose  than  to  build  that  El  Salvador  which 
all  of  us  want:  an  El  Salvador  with  peace,  progress,  and  freedom. 

Thank  you  very  much  and  God  bless  you. 


128 


ORIGINAL  AND  REVISED  FUNDING  ALLOCATIONS  FOR  THE 

AGENCY  FOR  INTERNATIONAL  DEVELOPMENT'S 
5  YEAR  PEACE  AND  RECOVERY  PROJECT  IN  EL  SALVADOR 


COMPONENT 

ORIGINAL 

ALLOCATION 

(000) 

REVISED 

ALLOCATION 

as  of  2/4/93 

(000) 

IMMEDIATE  CONFLICTIVE  ZONE  RELIEF 

$    4,000 

$    3,500 

EX-COMBATANT  ASSISTANCE 

•  Starter  packages,  training,  credit, 
rehabilitation  of  wounded 

•  Land  Transfer 

•  Other  ex-combatant  benefits 
(scholarships,  counseling,  etc.) 

Total  for  Component 

0a 

0b 
8,000 

8,000 

44,735 

20,000c 
15,265 

80,000 

SOCIAL  AND  ECONOMIC  REACTIVATION 

•  Starter  packages,  training,  credit, 
rehabilitation  of  wounded 

•  Municipalities  in  Action 

•  Health  activities 

•  Education  activities 

•  Other  social  and  economic  activities 

Total  for  Component 

53,600" 

82,500 
8,200 
8,200 
4,500 

157,000 

24,800 

64,820 
8,200 
7,575 
4,775 

110,170 

LAND  TRANSFER 

15,000 

15,330° 

INFRASTRUCTURE 

56,000 

27,000 

PROGRAM  AUDIT  AND  MANAGEMENT 

10,000 

14,000 

TOTAL 

$  250,000s 

$  250,000s 

aln  the  original   funding  allocation,    funding   for  the  benefits   for  ex-combatants  was   included  In  the  Social  and 
Economic  Reactivation  component.    In  the  revised  allocation,    funding   for  these  ex-combatant  benefits   is   included  in 
the  Ex-combatant  Assistance  component  and   funding   for  civilian  benefit  is  included  in  the  Social  and  Economic 
Reactivation  component. 

bin  the  original   funding  allocation,    funding  for  ex-combatant  land  transfers  was  included  in  the  Land  Transfer 
component.      In  the  revised  allocation,    funding   for  ex-combatant  land  transfers  is  separated   from  other   land 
transfer   funding. 

cThe  United  States  will  provide  another  $14.9  million  for  land  transfers   from  funding  sources  outside  the  $250 
million   in  project  funds,    bringing  U.S.   contribution  for  land  transfers  to  $50.2  million. 

dFlgure  includes   funding   for  benefits   for  ex-combatants  and  civilians.     AID  could  not  separate  amount  intended   for 
ex-combatants  and  civilians  in  the  original  allocation. 

eln  the  original  allocation,    the  total   funding   for  6  activities   for  ex-combatants  and  civilians  was  $68.6  million-- 
$53.6  million   for  starter  packages,   vocational   training,    agricultural  and  mlcroenterprise  credit,    and 
rehabilitation  of  the  wounded  included   in  the  Social  and  Economic  Reactivation  Component,    and  $15.0  million  for 
land   transfers   in  the  Land  Transfer  Component.      In  the  revised  allocation,    the  total   for  the  6  activities  is  $104.8 
mlllion--$44.7    for   Btarter  packages,    vocational  training,    agricultural  and  mlcroenterprise  credit,    and 
rehabilitation  of   the  wounded,    and  $20.0  million   for  land  transfers   included  in  the  Ex-combatant  Assistance 
Component;    $24.8   for  starter  packages,    vocational  training,    agricultural  and  mlcroenterprise  credit,    and 
rehabilitation  of  the  wounded   included   in  the  Social  and  Economic  Reactivation  Component;    and  $15.3  million   for 
land  transfers   in   the  Land  Transfer  Component. 


O 


73-936  0-94   (132) 


ISBN   0-16-043360-6 


780160 


433603 


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